HB2647 102ND GENERAL ASSEMBLY

LRB102 14277 SPS 19629 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2647

Introduced 2/19/2021, by Rep. Kambium Buckner

SYNOPSIS AS INTRODUCED:

See Index

Creates the Clean Jobs, Workforce, and Contractor Equity Act. Creates the Equity and Empowerment in Clean Energy Advisory Board to administer the Clean Jobs Workforce Hubs Network Program, the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program, the Returning Residents Clean Jobs Training Program, and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Programs. Establishes the Returning Residents Clean Jobs Training Program within the Department of Commerce and Economic Opportunity to assist inmates in their rehabilitation through training that prepares them to successfully hold employment in the clean energy jobs sector upon their release from incarceration. Requires the Department of Commerce and Economic Opportunity to create an Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program. Creates the Illinois Clean Energy Jobs and Justice Fund Act to ensure access to financial products that allow Illinois residents and businesses to invest in clean energy. Creates the Community Energy, Climate, and Jobs Planning Act to aid local governments in developing a comprehensive approach to combining different energy, climate, and jobs programs and funding resources to achieve complementary impact. Creates the Energy Community Reinvestment Fund Act. Amends the State Finance Act to create the Energy Community Reinvestment Fund and the Illinois Clean Energy Jobs and Justice Fund. Amends the School Code. Sets forth provisions concerning a clean energy jobs curriculum. Amends the Public Utilities Act. Sets forth provisions concerning the Equitable Energy Upgrade Program. Amends the Environmental Protection Act. Sets forth provisions concerning the energy community reinvestment fee. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Article 1. Findings

Section 1-5. Findings. The General Assembly finds that:

(a) The growing clean energy economy in Illinois can be a vehicle for expanding equitable access to public health, safety, a cleaner environment, quality jobs, economic opportunity, and wealth-building, particularly in economically disadvantaged communities and communities of black, indigenous, and people of color that have had to bear the disproportionate burden of dirty fossil fuel pollution.

(b) Placing Illinois on a path to 100% renewable energy is vital to a clean energy future. To bring this vision to fruition, our energy policy must prioritize a just transition that incentivizes renewable development and other carbon-reducing policies, such as energy efficiency, beneficial electrification, and peak demand reduction, while ensuring that the benefits and opportunities of a carbon-free future are accessible in economically disadvantaged communities, environmental justice communities, and communities of black, indigenous, and people of color.

Article 5. Clean Jobs, Workforce, and Contractor Equity Act

Part 1. Governance

Section 5-101. Short title. This Article may be cited as the Clean Jobs, Workforce, and Contractor Equity Act.

Section 5-105. Findings.

(a) The General Assembly finds that the clean energy jobs sector, including renewables, energy efficiency, energy storage, and other related fields, is a growing sector in the State of Illinois and that programs to support a growing workforce and robust businesses in this sector would benefit from a centralized structure for community input and oversight and regional program administration to reduce costs, support knowledge sharing, and facilitate access to the programs.

(b) The General Assembly finds that the State of Illinois should build upon the success of the Future Energy Jobs Act and the Illinois Solar for All program by further expanding statewide equitable access to quality training, jobs, and economic opportunities across the entire clean energy sector in and throughout Illinois, including solar, wind, energy efficiency, transportation electrification, and other related clean energy industries, especially for members of the following communities across the State to enter and complete the career pipeline for clean energy jobs, with the goal of serving all of the following groups distributed across the network: (i) low-income persons and families; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth, especially those who have had to bear the disproportionate burden of dirty fossil fuel pollution. The General Assembly further finds that the programs included in the Clean Jobs, Workforce, and Contractor Equity Act are essential to equitable, statewide access to quality training, jobs, and economic opportunities across the clean energy sector.

(c) The General Assembly finds that the State of Illinois should build upon the success of the Future Energy Jobs Act and the Illinois Solar for All program by ensuring small, BIPOC clean energy businesses and contractors have equitable access to economic opportunities, including new clean energy jobs and investment created by the growing clean energy sector in Illinois.

(d) The General Assembly finds that serious challenges are posed for Illinois small business owners due to income and wealth disparities, that market barriers disproportionately impact BIPOC contractors and small business owners, obtaining certifications and program qualifications are an essential part of doing business in the clean energy economy and that discriminatory lending policies limit these businesses' access to capital.

(1) This finding is informed by a July 2020 analysis of 2018 U.S. Census American Community Survey data by the Center for American Progress which found that "while Black Americans make up 13% of the U.S. population, they own less than 2% of small businesses with employees. By contrast, white Americans make up 60% of the U.S. population but own 82% of small employer firms. If Black Americans enjoyed the same business ownership and success rates as their white counterparts, there would be approximately 860,000 additional Black-owned firms employing more than 10 million people." (A Blueprint for Revamping the Minority Business Development Agency, Center for American Progress July 31, 2020).

(2) This finding is also informed by the Federal Reserve Bank of Atlanta's December 2019 Small Business Credit Survey which examined and found disparities in reliance on personal funds/credit scores, loan application outcomes, reliance on higher cost and lower transparency credit products, loan approval rates and lender satisfaction. The survey concluded "Minority-owned firms more frequently reported financial challenges. Seventy-eight percent of Black-owned firms, and 69% of Asian- and Hispanic-owned firms did so, compared to 62% of White-owned businesses." (Small Business Credit Survey 2019 Report on Minority-Owned Firms, Federal Reserve Bank of Atlanta, December 2019).

(3) The General Assembly further finds that these disparities continue as businesses develop. This finding is informed by a December 2016 Stanford Institute for Economic Policy Research study that concluded "We find that African-American business ventures start smaller in terms of overall financial capital and invest capital at a slower rate in the years following startup. This means that funding differences present at the firm's founding persist and even worsen over time."

(4) For these reasons, the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program is narrowly tailored to encourage and sustain the growth of BIPOC contractors in the Illinois clean energy economy through individualized coaching, specialized training, mentorships with established clean energy firms, operational support, appropriate business certifications and program enrollments and access to capital.

(e) The General Assembly finds that the clean energy jobs sector, including renewables, energy efficiency, energy storage, and other related fields, is a growing sector in the State of Illinois, that returning residents will be well served by considering employment in this field, and that the residents of the State of Illinois will benefit from the continued growth of jobs in this sector.

Section 5-110. Power of the Department. The Department may adopt such rules as the Director deems necessary to carry out the purposes of this Act.

Section 5-115. Definitions. As used in this Act:

"Advisory Board" means the Equity and Empowerment in Clean Energy Advisory Board as established in this Act.

"Black, indigenous, and people of color" and "BIPOC" are defined as people who are members of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Clean energy jobs" means jobs in the solar energy, wind energy, energy efficiency, solar thermal, geothermal, and electric vehicle industries, and other renewable energy industries, including related industries that manufacture, develop, build, maintain, or provide ancillary services to renewable energy resources or energy efficiency products or services, including the manufacture and installation of healthier building materials that contain fewer hazardous chemicals. "Clean energy jobs" includes administrative, sales, and other support functions within these industries.

"Community-based organization" means an organization in which:

(1) the majority of the governing body consists of local residents;

(2) at least one main operating office is in the community;

(3) priority issue areas are identified and defined by local residents;

(4) solutions to address priority issues are developed with local residents; and

(5) organizational program design, implementation, and evaluation components have local residents intimately involved in leadership positions in the organization.

"Department" means the Department of Commerce and Economic Opportunity, unless the text solely specifies a particular Department.

"Director" means the Director of Commerce and Economic Opportunity.

"Energy efficiency" has the meaning set forth in Section 1-10 of the Illinois Power Agency Act.

"Environmental justice community" means the definition of that term based on existing methodologies and findings, used as may be updated by the Illinois Power Agency and its program administrator in the Illinois Solar for All program.

"Low-income" means persons and households whose income does not exceed 80% of the area median income, adjusted for family size and revised every 2 years.

"Primes Program Administrator" means the entity defined as such by Part 15 of this Act.

"Regional Administrator" means the entities selected according to Section 5-130 of this Act.

"Regional Primes Program Lead" means the entities defined as such by Part 15 of this Act.

"Renewable energy resources" has the meaning set forth in Section 1-10 of the Illinois Power Act.

Section 5-120. Purpose. The Equity and Empowerment in Clean Energy Advisory Board shall be established to advise and assist the Department of Commerce and Economic Opportunity in its efforts to administer the following programs as set forth in this Act: the Clean Jobs Workforce Hubs Network Program; the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program; the Returning Residents Clean Jobs Training Program; and the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program. The Department of Commerce and Economic Opportunity shall contract with 3 Regional Administrators as described in this Part to assist in the implementation of several of these programs, and shall develop a system of performance management and corrective action applicable to these programs.

Section 5-125. Equity and Empowerment in Clean Energy Advisory Board.

(a) Purpose. To ensure success and equity in the clean energy industry in Illinois, the General Assembly hereby creates an Equity and Empowerment in Clean Energy Advisory Board to oversee and advise the Department on the administration of the following programs set forth in this Act:

(1) the Clean Jobs Workforce Hubs Network Program;

(2) the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program;

(3) the Returning Residents Clean Jobs Training Program; and

(4) the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator.

(b) Meetings. The Department shall provide administrative support for and convene the Equity and Empowerment in Clean Energy Advisory Board within 90 days after the effective date of this Act. The Department shall convene at least one meeting of the Advisory Board every quarter. All meetings shall be accessible, with rotating locations, call-in and videoconference options, and materials and agendas circulated well in advance, and there shall also be opportunities for input outside of meetings from those with limited capacity and ability to attend, via one-on-one meetings, surveys, and calls subject to compliance with the Open Meetings Act.

(c) Duties. The Advisory Board:

(1) shall review reported program performance metrics, and may recommend harmonizing metrics across programs and additional metrics for collection, including, but not limited to, metrics tailored to a specific program or program delivery area;

(2) shall ensure program performance metrics are published and available to the public within 30 days after each advisory board meeting. Program performance metrics may be anonymized where necessary to prevent disclosure of private information about individuals. The Department shall also post Advisory Board meeting minutes on its website within 14 days after Board approval;

(3) shall ensure that notices of open requests for proposals and other business opportunities associated with the programs are widely circulated and available in the communities where each program is located and among communities who benefit from the programs;

(4) shall develop recommendations at least once every 3 months to aid the Department, program implementers, and other program partners in tracking and improving the performance of the Program;

(5) shall provide recommendations to the Department, program implementers, and other program partners to troubleshoot emergent challenges and identify emergent opportunities to improve the delivery of program elements in addition to those captured in collected metrics. The recommendations may be targeted toward any level or geographic area of implementation;

(6) shall collaborate with the Board Liaison, Department, and other program partners and vendors to inform updates to the public about Advisory Board activities;

(7) shall advise the Department, Regional Administrators, and Primes Program Administrator on the development of dispute resolution processes; and

(8) shall perform any other duties assigned to it by this Act.

(d) Composition and Terms. The Department shall appoint the Advisory Board within 90 days after the effective date of this Act and shall appoint new Advisory Board members as members' terms expire or members leave the Board. Members of the Advisory Board shall serve without compensation, but may be reimbursed for their reasonable and necessary expenses incurred in performing their duties. The Department shall provide administrative support to the Advisory Board, including the selection of a Department staff member to serve as a Board Liaison between the Department and the Advisory Board. The Department shall appoint interim members to the Advisory Board upon departures of members. The Advisory Board shall consist of the following 15 members that reflects the diversity and demographics of the State of Illinois:

(1) 2 low-income persons residing in communities listed in paragraphs (1) through (3) in subsection (b) of Section 5-130 of this Part;

(2) 2 residents of environmental justice communities served by a Hub Site, as defined in Part 5 of this Act;

(3) one current or former participant trainee in the Clean Energy Entrepreneurship and Contractor Incubator Network Program. For the initial board term, the Department may select a current or former participant of a utility-supported contractor incubator program for this position;

(4) 2 members from community-based organizations in environmental justice communities and community-based organizations serving low-income persons and families;

(5) 2 members who are policy or implementation experts on small business development, contractor incubation, or small business lending and financing needs;

(6) 2 members who are policy or implementation experts on workforce development for populations and individuals such as low-income persons and families, environmental justice communities, BIPOC communities, justice-involved persons, persons who are or were in the child welfare system, energy workers, gender nonconforming and transgender individuals, and youth;

(7) 2 representatives of clean energy businesses, nonprofit organizations, worker-owned cooperatives, and other groups that provide clean energy contracting opportunities; and

(8) 2 representatives of labor unions.

At any time, the Board must contain at least 4 members who reside in each of the North, Central, and Southern sections of Illinois. The terms of the initial members of the Advisory Board shall be such that 5 members have initial 3-year terms, 5 members have initial 2-year terms, and 5 members have initial 1-year terms. After initial terms are complete, all members of the Advisory Board shall have 3-year terms. A majority of Board members shall constitute a quorum.

Section 5-130. Regional administrators.

(a) Within 180 days after the effective date of this Act, the Department shall convene and complete a comprehensive stakeholder process that includes, at minimum, representatives from community-based organizations in environmental justice communities, community-based organizations serving low-income persons and families, community-based organizations serving energy workers, and labor unions. The stakeholder process must include measures for process transparency to be posted on the Department website or initial program websites, such as a timeline for key decision points, detailed criteria implementing requirements specified in subsection (b) of this Section, and identification of opportunities for stakeholder participation and review. After completing the stakeholder process, the Department, in consultation with and with the approval of the Advisory Board, shall select 3 Regional Administrators to administer and coordinate the work of the following programs set forth in this Act:

(1) the Clean Jobs Workforce Clean Jobs Workforce Hubs Network Program;

(2) the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program; and

(3) the Returning Residents Clean Jobs Training Program.

(b) The Department shall select 3 unique Regional Administrators: one Regional Administrator for coordination of the work in the Northern Illinois Program Delivery Area, one Regional Administrator selected for coordination of the work in the Central Illinois Program Delivery Area, and one Regional Administrator selected for coordination of the work in the Southern Illinois Program Delivery Area. For purposes of this Act:

(1) The Northern Illinois Program Delivery Area includes areas in or near Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(2) The Central Illinois Program Delivery Area includes areas in or near Peoria, Champaign, Danville, Decatur, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(3) The Southern Illinois Program Delivery Area includes areas in or near Carbondale, East St. Louis, and Alton, and one of the 3 sites to be selected based on the gap analyses described in subsection (b) of Section 5-515 of Part 5 of this Act and subsection (b) of Section 5-1010 of Part 10 of this Act.

(c) The Regional Administrators shall have strong capabilities, experience, and knowledge related to program development and fiscal management; cultural and language competency needed to be effective in their respective communities to be served; expertise in working in and with BIPOC and environmental justice communities; knowledge and experience in working with providers of clean energy jobs; and awareness of industry trends and activities, workforce development best practices, regional workforce development needs, regional and industry employers, and community development. The Regional Administrators shall demonstrate a track record of strong partnerships with community-based organizations.

(d) The Regional Administrators shall work together to coordinate the programs listed in paragraphs (1) through (3) of subsection (a) to ensure execution, performance, partnerships, marketing, and program access across the State that is as consistent as possible while respecting regional differences. The Regional Administrators shall work with Program Administrators and partner community-based organizations in their respective regions and Program Delivery Areas to deliver these programs and shall establish mechanisms to fund these partner community-based organizations for their work on these programs. Each of the Regional Administrators shall convene the community-based organizations delivering program elements in their Program Delivery Areas for a meeting once per quarter, at minimum, as well as monthly calls, at minimum. Each year, the Department shall convene a meeting of the Regional Administrators, contracted community-based organizations, and subcontracted entities.

(e) The Department shall oversee the coordination undertaken by all 3 Regional Administrators to ensure high-quality and equivalent service provision statewide. The Department shall require, at minimum, monthly coordination meetings including the Department and all 3 Regional Administrators to develop joint planning processes and coordination mechanisms with each of the Regional Administrators and among the 3 Regional Administrators such that they are functioning effectively and delivering parallel administration in their respective regions, and the Department shall also work to create joint planning opportunities and coordination mechanisms to enable the Regional Administrators to collaborate, particularly enabling the Regional Administrators to coordinate and collaborate to enhance program delivery within their respective program delivery areas.

(f) Regional Administrators shall present a regional status report consisting of, at minimum, the performance metrics detailed in the programs described in subsection (a) of this Section to the Advisory Board at each of its quarterly meetings.

(g) Regional Administrators shall take on additional duties related to the program administration as assigned by the Department.

Section 5-135. Corrective action.

(a) The Department shall maintain a performance management system to support the Primes Program Administrator, Regional administrators, and Regional Primes Program Leads in ensuring effective and high-quality implementation of the programs listed in Section 5-120 of this Part.

(b) If the Primes Program Administrator, a Regional Administrator, a Regional Primes Program Lead or contracted community-based organization or other vendor does not deliver contractually obligated program elements, objectives, or outcomes, even after multiple corrective action plans have been implemented, the Department or, in the case of community-based organizations or other vendors, the Regional Administrator may place the organization on probationary status, or as needed, terminate their services. The Department shall develop procedures to enable Regional Administrators to procure expedited replacement contracts to avoid any resulting disruption to the affected programs.

(c) If the Primes Program Administrator, a Regional Administrator, a Regional Primes Program Lead or contracted community-based organization or other vendor does not deliver contractually obligated program elements, objectives, or outcomes after corrective action has been implemented, the Department may take additional corrective action, including, but not limited to, a legally binding dispute resolution process.

(d) The Department, Primes Program Administrator, and Regional Administrators shall develop uniform guidelines for minimum components of corrective action plans, and guidelines for when probationary status or termination is deemed warranted for the Primes, Program Administrator, Regional Administrators, a Regional Primes Program Lead, contracted community-based organizations or other vendors. The Department, Primes Program Administrator, and Regional Administrators, with input from the Advisory Board, shall develop a uniform, legally binding mechanism for dispute resolution between contracted community-based organizations and their subcontracted entities to be implemented under the Primes Program Administrator, Regional Administrators or other identified mediator.

Section 5-140. Statewide program support lead. The Department may contract with an outside vendor to assist with program administration, contract management, management of Regional Administrators, or other functions, as needed.

Section 5-145. Agreements. All agreements entered into between the Department and entities for the purpose of implementing the programs listed in Section 5-120 of this Part shall contain provisions that provide for the implementation of this Act.

Section 5-150. Administration; rules. The Department shall administer this Act and shall adopt any rules necessary for that purpose.

Part 5. Clean Jobs Workforce Hubs Network Program

Section 5-505. Definition. As used in this Part, "Program" means the Clean Jobs Workforce Hubs Network Program.

Section 5-510. Clean Jobs Workforce Hubs Network Program.

(a) The Department shall develop, and through Regional Program Administrators administer, the Clean Jobs Workforce Hubs Network Program to create a network of 16 Program delivery Hub Sites with program elements delivered by community-based organizations and their subcontractors geographically distributed across the State.

(b) The Program shall provide direct and sustained support to members of one or more of the following members of communities across the State to enter and complete the career pipeline for clean energy jobs, with the goal of serving all of the following groups distributed across the network: (i) low-income persons; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth.

(c) The Clean Jobs Workforce Hubs Network Program must:

(1) leverage community-based organizations, educational institutions, and community-based and labor-based training providers to ensure members of disadvantaged communities across the State have dedicated and sustained support to enter and complete the career pipeline for clean energy jobs; and

(2) develop formal partnerships, including formal sector partnerships between community-based organizations and (i) trades groups, (ii) labor unions, and (iii) entities that provide clean energy jobs, including businesses, nonprofit organizations, and worker-owned cooperatives to ensure that Program participants have priority access to high-quality preapprenticeship, apprenticeship, and other employment training and hiring opportunities.

Section 5-515. Clean Jobs Workforce Hubs Network.

(a) The Department must develop and, through Regional Administrators, administer the Clean Jobs Workforce Hubs Network.

(b) The Clean Jobs Workforce Hubs Network shall be made up of 16 Program delivery Hub Sites geographically distributed across the State, including at least one Hub Site located in or near each of the following areas: Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, Danville, Decatur, Carbondale, East St. Louis, and Alton. Three additional Hub Sites shall be determined by the Department within 240 days after the effective date of this Act based on a gap analysis identifying areas with high concentrations of low-income residents, environmental justice communities, and energy workers that are otherwise underserved by the other 13 Hub Sites, as well as review of advisory recommendations from the Advisory Board specified in subsection (d) of Section 5-520. One of the additional sites shall be located in the Northern Illinois Program Delivery Area covering Northern Illinois, one of the additional sites shall be located in the Central Illinois Program Delivery Area covering Central Illinois, and one of the additional sites shall be located in the Southern Illinois Program Delivery Area covering Southern Illinois as specified in Section 5-130 of Part 1 of this Act.

(c) Program elements at each Hub Site shall be provided by a local community-based organization that shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering program elements outlined in subsection (d) may provide all elements required or may subcontract to other entities for provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of specific training in the core curriculum, or provision of other support functions for program delivery compliance. The Department and the Regional Administrators, with input from the Advisory Board, shall develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for requests for proposals for all Program subcontracts.

(d) The Clean Jobs Workforce Hubs Network shall provide all of the following program elements:

(1) Community education and outreach about workforce and training opportunities to ensure the following persons are informed of clean energy workforce and training opportunities: (i) low-income persons; (ii) persons residing in environmental justice communities; (iii) BIPOC persons; (iv) justice-involved persons; (v) persons who are or were in the child welfare system; (vi) energy workers; (vii) members of any of these groups who are also women, transgender, or gender nonconforming persons; and (viii) members of any of these groups who are also youth.

(2) Implementation of the Clean Jobs Curriculum, which may include, but is not limited to training, preapprenticeship, certification preparation, job readiness, and skill development, including soft skills, math skills, technical skills, certification test preparation, and other development needed for Program participant members of disadvantaged communities specified in subsection (b) of Section 5-510.

(3) Development of strategies to ensure that participant members of communities specified in subsection (b) of Section 5-510 are invited, supported, and given preference in applying for both community-based and labor-based training opportunities, including apprenticeship and preapprenticeship programs, as well as degree and certificate credentials training programs. Strategies shall include, but are not limited to, targeted outreach and recruitment activities and events, and strategies may include, but are not limited to, articulation or matriculation agreements and memoranda of understanding with community-based and labor-based training opportunities, including preapprenticeship and apprenticeship programs, as well as degree and certificate credential training programs where relevant.

(4) A living wage-equivalent stipend program for Program participants to compensate for time in clean energy jobs-related training programs and help them pay for necessary living expenses during the training. This stipend shall be supplemented by funding for transportation, child care, certification preparation and testing fees, textbooks, tools and equipment, as well as other services and supplies needed to reduce barriers to their continued training and future employment during the length of programs.

(5) Job readiness, placement, and retention support services, which may include, but are not limited to, assistance in creating a resume, training in professional networking skills, training in job interview skills and preparation, on-the-job support and counseling, conflict resolution skills, financial literacy and coaching, and training in how to find open positions and pursuing opportunities to meet hiring contractors in training and apprenticeship programs to connect trainees to both union and nonunion career options with businesses, nonprofit organizations, worker-owned cooperatives, and other entities that provide clean energy jobs opportunities and to provide a direct resource for industry to identify qualified workers to meet program hiring or subcontracting requirements including, the workforce equity building actions required under Section 1-75 of the Illinois Power Agency Act and Section 16-128B of the Public Utilities Act. Placement activities shall include outreach to public agencies and utilities, as well as outreach to businesses, nonprofit organizations, worker-owned cooperatives, and other entities that provide clean energy jobs opportunities.

(6) Recruitment, communications, and ongoing engagement with potential employers, including, but not limited to, activities such as job matchmaking initiatives, hosting events such as job fairs, and collaborating with other Hub Sites to identify and implement best practices for employer engagement.

(e) Within 90 days after the effective date of this Act, the Department shall competitively select a community-based organization to assist with pre-Program launch public communications and stakeholder tracking, which shall begin within 120 days after the effective date of this Act and shall continue through Program launch. The Department may elect to initiate pre-Program communication of updates to the public between the effective date of this Act and competitive selection of a community-based organization to assist. Pre-Program launch communications and stakeholder tracking functions shall include, but are not limited to: (1) developing an initial email subscription list so that interested stakeholders and interested members of the public may sign up to receive email updates about the status of Program implementation, (2) develop an initial basic website including the initial email list subscription form and a page where public pre-Program updates shall be posted, (3) develop initial social media accounts where public pre-Program updates shall be posted, and (4) coordinate with the Department, Regional Administrators, and Advisory Board members to solicit information for the purposes of updating the public, as approved by the Department. Pre-Program updates shall include, but are not limited to, information about implementation timelines, selection of Hub Sites, selection of Advisory Board members, selection of Regional Administrators, selection of contracted organizations, updates from the Advisory Board, and other significant Program Administration updates. Pre-Program updates shall be disseminated to the public through the website, email list, and social media accounts no less frequently than once per month. Following Program launch, the Department shall either (A) assume direct fulfillment of all responsibilities of public communications and stakeholder tracking directly or (B) elect to continue to competitively select a community-based organization to continue these functions and develop all initial functions into ongoing Program functions. If the Department elects to continue to competitively contract these functions, the Department may either: (i) elect to extend the contract to the competitively selected community-based organization delivering these functions during the pre-Program launch period, and may do so for a period to be determined by the Department, but to not exceed 2 years following Program launch; or (ii) elect to competitively select another community-based organization to fulfill communications and stakeholder tracking functions. The Department shall subsequently competitively select a community-based organization to fulfill communications and stakeholder tracking functions every 2 years.

Section 5-520. Regional administrators.

(a) The Clean Jobs Workforce Hubs Network Program shall be administered by 3 Regional Administrators as described in Section 5-130 of Part 1 of this Act.

(b) The Advisory Board shall have the duties given to it by Part 1 of this Act as it relates to the Program. In addition, the Advisory Board shall provide recommendations to the Department to complement the gap analysis and selection of 3 Primary Hub Sites as specified in Section 5-130 of Part 1 of this Act.

(c) The Department shall require submission of quarterly reports including program performance metrics by each Hub Site to the Regional Administrator of their Program Delivery Area, as specified in subsection (a) of Section 5-1015 of Part 10, in a time and manner as prescribed by the Department. Each Regional Administrator shall collect, track, and simultaneously submit quarterly reports to the Department and the members of the Advisory Board, including program performance metrics reported in a format that allows for review of the metrics both (i) for each individual Hub Site and (ii) aggregated by Program Delivery Area. Each Regional Administrator shall provide technical assistance to each individual Hub Site in their Program Delivery Area in building systems and capacity to collect data. Program Performance metrics include, but are not limited to, the following information collected for each Program trainee, where applicable:

(1) demographic data, including racial, gender, and geographic distribution data, on Program trainees entering the Program;

(2) demographic data, including racial, gender, and geographic distribution data, on Program trainees graduating the Program;

(3) demographic data, including racial, gender, and geographic distribution data, on Program trainees who are placed in employment, including the percentages of trainees by race, gender, and geographic categories in each individual job type or category and whether employment is union, nonunion, or nonunion via temp agency;

(4) trainee job retention statistics, including the duration of employment (start and end dates of hires) by race, gender, and geography;

(5) hourly wages, including hourly overtime pay rate, and benefits of trainees placed into employment by race, gender, and geography;

(6) percentage of jobs by race, gender, and geography held by Program trainees or graduates that are full-time equivalent positions, meaning that the position held is full-time, direct, and permanent based on 2,080 hours worked per year (paid directly by the employer, whose activities, schedule, and manner of work the employer controls, and receives pay and benefits in the same manner as permanent employees); and

(7) qualitative data consisting of open-ended reporting on pertinent issues, including, but not limited to, qualitative descriptions accompanying metrics or identifying key successes and challenges.

The Department shall also, on a quarterly basis, make the program performance metrics provided under this subsection (c) available to the public on its website and on the Program website.

(d) Within 3 years after the effective date of this Act, and subsequently at least once every 3 years thereafter, the Department shall select an independent evaluator to review and prepare a report on the performance of the Program and the Regional Administrators. The evaluation shall be based on, but not limited to, the quantitative and qualitative program performance metrics specified in subsection (g) and objective criteria developed through a comprehensive public stakeholder process. In preparing the report, the independent evaluator shall include participation and recommendations from persons including, but not limited to, members of the Advisory Board, additional Program participants who are not already serving as members of the Advisory Board, and additional Program stakeholders including organizations in environmental justice communities and organizations serving low-income persons and families. The report shall include a summary of the evaluation of the Program, as well as an appendix including a review of submitted recommendations and a compilation of reported program performance metrics for the period covered by the evaluation. The report shall be posted publicly on the Department's website and the Program website, and shall be used, as needed, to improve implementation of the Program. Between evaluation due dates, the Department shall maintain the necessary records and information required to satisfy the evaluation requirements.

Section 5-525. Clean jobs curriculum.

(a) Within 90 days after the effective date of this Act, the Department shall convene a comprehensive stakeholder process that includes representatives from the Illinois State Board of Education, the Illinois Community College Board, the Department of Labor, community-based organizations, workforce development providers, labor unions, building trades, educational institutions, residents of BIPOC and low-income communities, residents of environmental justice communities, as well as clean energy businesses, nonprofit organizations, worker-owned cooperatives, other groups that provide clean energy jobs opportunities, and other participants to identify the career pathways and training curriculum needed to prepare workers to enter clean energy jobs as defined in Section 5-115 and build careers. The curriculum shall:

(1) identify the core training curricular competency areas needed to prepare workers to enter clean energy jobs as defined in Section 5-115, such as those included in, but not limited to, the Multi-Craft Core Curriculum, U.S. Department of Labor Employment and Training Administration-sponsored CareerOneStop Renewable Energy Competency Model, the Electric Vehicle Infrastructure Training Program;

(2) identify a set of certifications relevant for clean energy job types to be included in respective training programs and used to inform core training Curricular competency areas, such as, but not limited to, North American Board of Certified Energy Practitioners (NABCEP) Board Certifications, Interstate Renewable Energy Council (IREC) Accredited Certificate Programs, American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) ANSI/ISO accreditation standard certifications, Electric Vehicle Infrastructure Training Program Certifications, and UL Certification for EV infrastructure;

(3) identify a set of required core cross-training competencies provided in each training area for clean energy jobs with the goal of enabling any trainee to receive a standard set of skills common to multiple training areas that would provide a foundation for pursuing a career composed of multiple clean energy job types;

(4) include approaches to integrate broad occupational training to provide career entry into the general construction and building trades sector and any remedial education and work readiness support necessary to achieve educational and professional eligibility thresholds;

(5) identify, directly or through references to external resources, career pathways for clean energy jobs types, such as, but not limited to, pathways identified in: IREC Careers in Climate Control Technology Map, IREC Solar Career Map for Workforce Training, NABCEP Certification Career Map, and U.S. Department of Labor's Bureau of Labor Statistics Green Jobs Initiative; and

(6) identify on-the-job training formats, where relevant; and identify suggested trainer certification standards, where relevant.

(b) Within 180 days after the stakeholder process is convened, the Department shall publish a report that includes the findings, recommendations, and core curriculum identified by the stakeholder group and shall post a copy of the report on its public website. The Department shall convene the process described to update and modify the recommended curriculum every 3 years to ensure the curriculum contents are current to the evolving clean energy industries, practices, and technologies.

(c) Organizations that receive funding to provide training under the Clean Jobs Workforce Hubs Network Program, including, but not limited to, community-based and labor-based training providers, and educational institutions must use the core curriculum that is developed under this Section.

Section 5-530. Funding. To provide direct, sustained support for the Program, the Department shall be responsible for overseeing the development and implementation of the Program, and each year shall, subject to appropriation, allocate at least $1,000,000 to each of the 16 community-based organizations providing program elements at the 16 Hub Sites described in this Act, including for the purposes of providing Program elements through subcontracted entities. Funding of $26,000,000 for the Program shall be made available from the Energy Community Reinvestment Fund.

Section 5-535. Administrative review. All final administrative decisions, including, but not limited to, funding allocation and rules issued, made by the Department under this Part are subject to judicial review under the Administrative Review Law and its rules. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Part 10. Expanding Clean Energy Entrepreneurship

and Contractor Incubator Network Program

Section 5-1001. Definition. As used in this Part, "Program" means the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program.

Section 5-1005. Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program.

(a) The Department shall develop and, through Regional Program Administrators, administer the Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program to create a network of 16 Program delivery Hub Sites with program elements delivered by community-based organizations and their subcontractors geographically distributed across the State.

(b) The Program shall provide direct and sustained support for the development and growth of BIPOC participant contractors and provide the needed resources for entities to be able to effectively compete for, gain, and execute clean energy-related projects that create clean energy jobs. The Program shall provide direct and sustained support for a portion of disadvantaged BIPOC contractors in the Program who are previous graduates of the Clean Jobs Workforce Hubs Network Program to further develop wealth-building opportunities, and career paths in clean energy contracting and the creation of clean energy jobs.

Section 5-1010. Expanding Clean Energy Entrepreneurship and Contractor Incubator Network.

(a) The Department shall develop and, through Regional Program Administrators, administer the Expanding Clean Energy Entrepreneurship and Contractor Incubators Network.

(b) The Clean Energy Entrepreneurship and Contractor Incubator Network Program shall be made up of 16 Program delivery Hub Sites geographically distributed across the State, including at least one Hub Site located in or near each of the following areas: Chicago (South Side), Chicago (Southwest Side), Waukegan, Rockford, Aurora, Joliet, Peoria, Champaign, Danville, Decatur, Carbondale, East St. Louis, and Alton. Three additional sites shall be determined by the Department within 240 days after the effective date of this Act based on a gap analysis identifying areas with high concentrations of low-income residents, environmental justice communities, and energy workers that are otherwise underserved by the other 13 Hub Sites, as well as review of advisory recommendations from the Advisory Board. One of the additional sites shall be located in the Northern Illinois Program Delivery Area covering Northern Illinois, one of the additional sites shall be located in the Central Illinois Program Delivery Area covering Central Illinois, and one of the additional sites shall be located in the Southern Illinois Program Delivery Area covering Southern Illinois as specified in Part 1 of this Act.

(c) Program elements at each Hub Site shall be provided by a local community-based organization that shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering program elements required in subsection (d) of this Section may provide all of the elements required at each Hub Site or may subcontract to other entities for the provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of training in the core curriculum, or the provision of other support functions for program delivery compliance. The Regional Administrators, with input from the Program Advisory Board, shall develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for requests for proposals for all Program subcontracts.

(d) The Expanding Clean Energy Entrepreneurship and Contractor Incubator Network Program shall provide the following program elements:

(1) access to low-cost capital for small and BIPOC clean energy businesses and contractors to be able to compete on a level playing field with more established, capitalized businesses across the entire clean energy sector in Illinois, including solar, wind, energy efficiency, transportation, electrification, solar thermal, geothermal, and other renewable energy industries;

(2) support for obtaining financial assurance, including, but not limited to: bonding; back office services; insurance, permits, training and certifications; business planning; and other needs that will allow BIPOC participant contractors to effectively compete for clean energy-related projects, incentive programs, and approved vendor and qualified installer opportunities;

(3) development, mentoring, training, networking, and other support needed to allow BIPOC participant contractors to: (i) build their businesses and connect to specific projects, (ii) register as approved vendors where applicable, (iii) engage in approved vendor subcontracting and qualified installer opportunities, (iv) Develop partnering and networking skills, (v) compete for capital and other resources, and (vi) execute clean energy-related project installations and subcontracts;

(4) outreach and communications capability to ensure that BIPOC participant contractors, community partners, and potential contractor clients are aware of and engaged in the Program;

(5) prevailing wage compliance training and back office support to implement prevailing wage practices; and

(6) recruitment, communications, and ongoing engagement with potential entities that hire contractors and subcontractors, and program administrators of programs providing renewable energy resource-related projects, incentive programs, and approved vendor and qualified installer opportunities, including, but not limited to, activities such as matchmaking initiatives, hosting events, and collaborating with other Hub Sites to identify and implement best practices for engagement.

(e) Within 90 days after the effective date of this Act, the Department shall competitively select a community-based organization to assist with pre-Program launch public communications and stakeholder tracking, which shall begin within 120 days after the effective date of this Act and shall continue through Program launch. The Department may elect to initiate pre-Program communication of updates to the public between the effective date of this Act and competitive selection of a community-based organization to assist. Pre-Program launch communications and stakeholder tracking functions shall include, but are not limited to, the following: (1) developing an initial email subscription list so that interested stakeholders and interested members of the public may sign up to receive email updates about the status of Program implementation, (2) develop an initial basic website including the initial email list subscription form and a page where public pre-Program updates shall be posted, (3) develop initial social media accounts where public pre-Program updates shall be posted, and (4) coordinate with the Department, Regional Administrators, and Advisory Board members to solicit information for the purposes of updating the public, as approved by the Department. Pre-Program updates shall include, but are not limited to, information about implementation timelines, selection of Hub Sites, selection of Advisory Board members, selection of Regional Administrators, selection of contracted organizations, updates from the Advisory Board, and other significant Program Administration updates. Pre-Program updates shall be disseminated to the public through the website, email list, and social media accounts no less frequently than monthly. Following Program launch, the Department shall either (A) assume direct fulfillment of all responsibilities of public communications and stakeholder tracking directly or (B) elect to continue contracting with a competitively selected community-based organization to provide these functions and develop all initial functions into ongoing Program functions. If the Department elects to continue to competitively contract these functions, the Department may either (i) extend the contract to the competitively selected community-based organization delivering the functions during the pre-Program launch period, and may do so for a period to be determined by the Department, but not to exceed 2 years following Program launch, or (ii) elect to competitively select another community-based organization to fulfill communications and stakeholder tracking functions. The Department shall subsequently competitively select a community-based organization to fulfill communications and stakeholder tracking functions once every 2 years.

Section 5-1015. Regional administrators.

(a) The Clean Energy Entrepreneurship and Contractor Incubator Network Program shall be administered by 3 Regional Administrators as described in Section 5-130 of Part 1 of this Act. In addition, the Regional Administrators shall administer the Departments loan and grant programs, where relevant, as specified in subsection (a) of Section 5-1010 of this Part.

(b) The Advisory Board shall have the duties given to it by the Part 1 of this Act as they relate to the Program. In addition, the Advisory Board shall provide recommendations to the Department to complement the gap analysis and selection of 3 Primary Hub Sites as specified in Section 5-130 of Part 1 of this Act.

(c) The Department shall require submission of quarterly reports including program performance metrics by each Hub Site to the Regional administrator of their Program Delivery Area as specified in subsection (a) of Section 5-1015 in a time and manner prescribed by the Department. Each Regional Administrator shall collect, track, and simultaneously submit quarterly reports to the Department and the Advisory Board, including program performance metrics reported in a format that allows for review of the metrics both (i) for each individual Hub Site and (ii) aggregated by Program Delivery Area. Each Regional Administrator shall provide technical assistance to each individual Hub Site in their Program Delivery Area in building systems and capacity to collect data. Program performance metrics include, but are not limited to, the following information collected for each Program participant:

(1) demographic data, including racial, gender, and geographic distribution data, on BIPOC participant contractors entering and graduating the Program;

(2) number of projects completed by BIPOC participant contractors, solo or in partnership;

(3) number of partnerships with BIPOC participant contractors that are expected to result in contracts for work by the BIPOC participant contractor;

(4) changes, including growth, in BIPOC participant contractors' business revenue;

(5) number of new hires by BIPOC participant contractors;

(6) demographic data, including racial, gender, and geographic distribution data as well as average wage data, for new hires by BIPOC participant contractors;

(7) demographic data, including racial, gender, and geographic distribution data of ownership of BIPOC participant contractors;

(8) certifications held by BIPOC participant contractors, including, but not limited to, registration under Business Enterprise for Minorities, Women, and Persons with Disabilities Act program and other programs intended to certify BIPOC entities;

(9) number of Program sessions attended by BIPOC participant contractors;

(10) indicators relevant for assessing general financial health of BIPOC participant contractors; and

(11) qualitative data consisting of open-ended reporting on pertinent issues, including, but not limited to, qualitative descriptions accompanying metrics or identifying key successes and challenges.

The Department shall, on a quarterly basis, make program performance metrics provided under this subsection (g) available to the public on its website and on the Program website.

(d) Within 3 years after the effective date of this Act, and subsequently at least once every 3 years, the Department shall select an independent evaluator to evaluate and prepare a report on the performance of the Program and Regional Administrators. The evaluation shall be based on the quantitative and qualitative program performance metrics and reports specified in subsection (g) and objective criteria developed through a comprehensive public stakeholder process. The process shall include participation and recommendations from Program participants, Advisory Board members, additional current and former Program participants who are not already serving as members of the Advisory Board, and additional Program stakeholders, including organizations in environmental justice communities and serving low-income persons and families. The report shall include a summary of the evaluation of the Program, as well as an appendix that includes a review of submitted recommendations and a compilation of reported program performance metrics for the period covered by the evaluation. The report shall be posted publicly on the Department's website and shall be used, as needed, to improve implementation of the Program. The Department shall maintain the necessary information and records required to satisfy the evaluation requirements.

Section 5-1020. Jobs and Environmental Justice Grant Program.

(a) In order to provide upfront capital to support the development of projects, businesses, community organizations, and jobs creating opportunity for Black, Indigenous, and People of Color, the Program shall create and administer a Jobs and Environmental Justice Grant Program. The grant program shall be designed to help remove barriers to project, community, and business development caused by a lack of capital.

(b) The grant program shall provide grant awards of up to $1 million per application to support the development of renewable energy resources as defined in Section 1-75 of the Illinois Power Agency Act, and Energy Efficiency projects as defined in Sections 8-103B and 8-104.1 of the Public Utilities Act. The amount of a grant award shall be based on a project size and scope. Grants shall be provided upfront, in advance of other incentives, to provide businesses and organizations with capital needed to plan, develop, and execute a project. Grants shall be designed to coordinate with and supplement existing incentive programs, such as the Adjustable Block Program, the Solar for All Program, the Community Solar Program, and renewable energy procurements as described in the Illinois Power Agency Act, as well as utility Energy Efficiency programs as described in Sections 8-103B and 8-104.1 of the Public Utilities Act.

(c) Grants shall be awarded to businesses and nonprofit organizations for costs related to the following activities and project needs:

(1) planning and project development, including costs for professional services such as architecture, design, engineering, auditing, consulting, and developer services;

(2) project application, deposit, and approval;

(3) purchasing and leasing of land;

(4) permitting and zoning;

(5) interconnection application costs and fees, studies, and expenses;

(6) equipment and supplies;

(7) community outreach, marketing, and engagement;

(8) staff and operations expenses.

(d) Grants shall be awarded for projects that meet the following criteria:

(1) provide community benefit, defined as greater than 50% of the project's energy provided or saved that benefits low-income residents, not-for-profit organizations providing services to low-income households, affordable housing owners, or community-based limited liability companies providing services to low-income households. In the case of Community Solar projects, projects must provide preferential or exclusive access for local subscribers or donated power;

(2) are located in environmental justice communities, as that term has been defined based on existing methodologies and findings used by the Illinois Power Agency and its Administrator of the Illinois Solar for All Program;

(3) provide on-the-job training, as time and scope permits;

(4) contract with contractors who are participating or have participated in the Expanding Clean Energy Entrepreneurship and Contractor Incubators Network Program, or similar programs, for a minimum of 50% of project costs; and

(5) employ a minimum of 51% of its workforce from participants and graduates of the Clean Jobs Workforce Hubs Network Program and Returning Residents Program as described in this Act.

(e) Grants shall be awarded to applicants that meet the following criteria:

(1) achieve a minimum of 105 points in the equity points systems described in paragraph (7) of subsection (c) of Section 1-75 of the Illinois Power Agency Act, or meet the equity building criteria in paragraph (9.5) of subsection (g) of Section 8-103B of the Public Utilities Act or in paragraph (9.5) of subsection (j) of Section 8-104.1 of the Public Utilities Act; and

(2) provide demonstrable proof of a historical or future, and persisting, long-term partnership with the community in which the project will be located.

(f) The application process for the grant program shall not be burdensome on applicants, nor require extensive technical knowledge, and be able to be completed on less than 4 standard letter-sized pages.

(g) The Program shall coordinate its grant program with the Clean Energy Jobs and Justice Fund to coordinate grants under this program with low-interest and no-interest financing opportunities offered by the fund.

(h) The grant program shall have a budget of $20,000,000 per year, for a minimum of 4 years, and continued after that until funds are no longer available or the program is ended by the Department.

Section 5-1025. Funding. To provide direct, sustained support for the Program, the Department shall be responsible for overseeing the development and implementation of the Program, and each year shall, subject to appropriation, allocate at least $800,000 to each of the 16 community-based organizations providing program elements at the 16 Hub Sites described in this Act, including for the purposes of providing program elements through subcontracted entities. Funding of $21,000,000 per year for the Program shall be made available from the Energy Community Reinvestment Fund, and funding of $20,000,000 per year for the Jobs and Environmental Justice Grant Program shall be made available from the Energy Community Reinvestment Fund.

Section 5-1030. Administrative review. All final administrative decisions, including, but not limited to funding allocation and rules issued, made by the Department under this Part are subject to judicial review under the Administrative Review Law and its rules. No action may be commenced under this Section prior to 60 days after the complainant has given notice in writing of the action to the Department.

Part 15. Illinois Clean Energy Black, Indigenous, and

People of Color Primes Contractor Accelerator

Section 5-1501. Definitions. As used in this Part:

"Approved Vendor" means the definition of that term used and as may be updated by the Illinois Power Agency.

"Contractor Incubator" means an incubator authorized under Part 10 of this Act.

"Illinois Clean Energy Jobs and Justice Fund" means the fund created in the Illinois Clean Energy Jobs and Justice Fund Act.

"Mentor Company" means a private company selected to provide business mentorship to Program participants as described in Section 5-1535 of this Part.

"Minority Business" means a minority-owned business as described in Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Minority Business Enterprise certification" means the certification or recognition certification affidavit from the State of Illinois Department of Central Management Services Business Enterprise Program or a program with equivalent requirements more narrowly tailored to the needs of prime contractors.

"Primes Program Administrator" means the entity or person selected to be responsible for management of the Program as established in Section 5-1505 of this Part.

"Regional Primes Program Lead" means the entity or person selected to be responsible for management of the Program as established in Section 5-1505 of this Part.

"Program" means the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program.

"Participant" means the persons and organizations selected to participate in the Program.

"Returning Resident" is defined as in Part 20 of this Act.

"Workforce Hub" means a workforce training program authorized under Part 5 of this Act.

Section 5-1505. Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program components.

(a) The Department of Commerce and Economic Opportunity shall create and implement, consistent with the requirements of this Part, an Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program. The offerings for Program participants shall include the following:

(1) a 5-year, 6-month progressive course of one-on-one coaching designed to assist each participant in developing an achievable five-year business plan, including review of monthly metrics, advice on achieving the Program participant's goals such as obtaining relevant business certifications and preparing for prime contracting opportunities;

(2) operational support grants not to exceed $1 million annually;

(3) interest-free and low-interest loans available through the Illinois Clean Energy Jobs and Justice Fund or comparable financial mechanism;

(4) business coaching by outside consultants, based on the participant's individual needs;

(5) a mentorship of approximately 2 years provided by a qualified company in the participant's field;

(6) full access to Contractor Incubator services including courses and workshops, informational briefings about opportunities created by the Clean Energy Jobs Act and other Illinois focused clean energy opportunities, access to jobs and project portals, contractor networking, job fairs, and monthly contractor cohort meetings;

(7) technical assistance with applying for Minority Business Enterprise certification and other relevant certifications as well as Approved Vendor status for Illinois programs offered by utilities or other similar entities;

(8) technical assistance with preparing bids and Request for Proposal applications for programs created by the Clean Energy Jobs Act and other Illinois focused clean energy opportunities;

(9) opportunities to participate in procurement programs organized by the Department to provide bulk discounts on tools, equipment, and supplies; and

(10) opportunities to be listed in any relevant directories and databases organized by the Department.

(b) The Department and Primes Program Administrator shall coordinate Program events and training designed to connect the Program participants with the programs created in Parts II and III of this Act.

(c) The Department and Primes Program Administrator shall coordinate with the Illinois Power Agency's Adjustable Block Program and Illinois Solar For All program to connect Program participants with funding opportunities created by the Adjustable Block Program and Illinois Solar For All program.

(d) The Department and Primes Program Administrator shall coordinate with the electric, gas and water utilities to connect Program participants with Approved Vendor and other service provider and incentive opportunities in areas including energy efficiency and electric vehicles.

(e) The Department and Primes Program Administrator shall coordinate financial development assistance programs such as zero- and low-interest loans with the Illinois Clean Energy Jobs and Justice Fund or a comparable financing mechanism. The Department and Primes Program Administrator shall retain authority to determine loan repayment terms and conditions.

Section 5-1510. Program administration.

(a) The Department shall, in consultation with the Advisory Board, hire or contract a Primes Program Administrator within 180 days after the effective date of this Act.

(b) The Department shall select a Primes Program Administrator with the following qualifications:

(1) experience running a large contractor-based or Approved Vendor business in Illinois;

(2) experience coaching businesses;

(3) experience participating in or managing a mentorship program;

(4) experience in the Illinois clean energy industry;

(5) experience working with diverse, underserved, and environmental justice communities; and

(6) experience working with or participating in businesses owned by BIPOC persons.

(c) Responsibilities of the Primes Program Administrator. The Primes Program Administrator shall be responsible for the following:

(1) managing the Regional Primes Program Leads to develop an 18-month Program budget as well as a 6-year forecast to guide expenditures in the regions;

(2) working with the Regional Primes Program Leads to design a Program application including a shareable description of how participants will be selected;

(3) working with the Regional Primes Program Leads and the partners in the programs described in Parts 5 and 10 of this Act to publicize the Program;

(4) working with the Regional Primes Program Leads and the Advisory Board to implement the recommendations on acceptance of potential Program participants and awarded funding;

(5) working with the Regional Primes Program Leads to design and implement a mentorship program including stipend level recommendations and guidelines for any Mentor Company-mentee profit sharing or purchased services agreements;

(6) working with the Regional Primes Program Leads to ensure participants are quickly on-boarded into the Program and begin tapping Program resources;

(7) collecting and reporting metrics related to cohort recruiting and formation to the Department and the Advisory Board;

(8) reviewing the work plans and annual goals of all participants. Reviewing all approved Mentor Companies and the stipends they will be awarded;

(9) conducting an annual assessment of the mentorship program including Mentor Company and mentee interviews, Mentor Company and mentee satisfaction ratings, and input from the Regional Primes Program Leads and creating a consolidated report for Department and the Advisory Board;

(10) consolidating and reporting metrics related to participant contractor engagement in other Illinois clean energy programs such as the Adjustable Block Program, Illinois Solar for All, and the utility-run energy efficiency and electric vehicle programs;

(11) reviewing each participant's annual progress through the Program and any recommendations from the Regional Primes Program Lead about whether the participant should continue in the Program, be considered a Program graduate, and whether adjustments to ongoing and future grant money, loans and Contractor Incubator service access are needed; and

(12) other duties as required to effectively and equitably administer the Program.

(d) Within 90 days after being hired, the Primes Program Administrator, in consultation with the Department and the Advisory Board, shall contract with 3 Regional Primes Program Leads. The Regional Primes Program Leads will report directly to the Primes Program Administrator.

(e) The Regional Primes Program Leads selected by the Primes Program Administrator shall have the following qualifications:

(1) experience running a large contracting or Approved Vendor business in Illinois;

(2) experience in the Illinois clean energy industry;

(3) experience coaching businesses;

(4) experience with a mentorship program;

(5) relationships with suitable potential Mentor Companies in the region;

(6) experience working with diverse, underserved, and environmental justice communities;

(7) experience working with or participating in businesses owned by BIPOC persons; and

(8) ability and willingness to be located within the region they will be leading.

(f) The Regional Primes Program Leads shall have the following responsibilities:

(1) developing Program marketing materials and working with the Workforce Hubs and Contractor Incubators in the region and their community partners to publicize the Program. The budget shall include funds to pay community-based organizations with a track record of working with diverse, underserved, and environmental justice communities to complete this work;

(2) recruiting qualified Program applicants;

(3) assisting Program applicants in understanding and completing the application process;

(4) coordinating with the Department and the Advisory Board to select qualified applicants for Program participation and determine how to allocate funding among selected participants;

(5) introducing participants to the Program offerings;

(6) upon entry of each Program participant and each year thereafter, conducting a detailed assessment with each participant to identify needed training, coaching, and other Program services;

(7) upon entry of each Program participant and each year thereafter, assisting each participant in developing goals in terms of each Program element, and assessing progress toward meeting the goals established in previous years' work plans;

(8) assisting Program participants in receiving their Minority Business Enterprise certification and any other relevant certifications and Approved Vendor statuses;

(9) matching each participant with Contractor Incubator offerings and individualized expert coaching, including training on working with returning residents and the second chance companies that employ them, as needed;

(10) pairing each Program participant with a Mentor Company;

(11) facilitating connections between each Program participant to potential subcontractors and employees;

(12) dispensing each participant's awarded operational grant funding;

(13) connecting each participant to zero- and low-interest loans from the Illinois Clean Energy Jobs and Justice Fund or a comparable financing mechanism;

(14) ensuring that each participant applies for appropriate project opportunities funded by the State of Illinois or businesses or individuals located within Illinois;

(15) reviewing each participant's progress through the Program and making a recommendation to the Department and the Advisory Board about whether the participant should continue in the Program, be considered a Program graduate, and whether adjustments to ongoing and future grant funding, loans and related service access overseen by the Advisory Board are needed; and

(16) other duties as required to effectively and equitably administer the Program.

Section 5-1515. Eligibility for program participation.

(a) The Program will accept applications to become Program participants from any person with the following qualifications:

(1) 2 or more years of experience in a clean energy or a related contracting field;

(2) at least $5,000 in annual business; and

(3) businesses with Minority Business Enterprise certification or recognition certification affidavit from the State of Illinois Department of Central Management Services Business Enterprise program or that meet the definition of a minority-owned business as described in Section 2 of the Business Enterprise for Minorities, Women and Persons with Disabilities Act.

(b) Applicants for Program participation shall be allowed to reapply for a future cohort if they are not selected for participation, and the Primes Program Administrator shall inform each applicant of this option.

Section 5-1520. Participant selection.

(a) Each region will select a new cohort of participant contractors every 18 months.

(b) Each regional cohort will include between 3 and 5 participants.

(c) The application for positions as a program participant shall be standardized across regions and require the following information:

(1) company history, financial information, and visibility;

(2) list of up to the 5 most recent years' projects with basic information including customer names and locations, partner names if any, community profit-sharing arrangements if any, and total revenues, payroll expenses and subcontracting expenses;

(3) list of future projects, if any, with same details as the paragraph (2);

(4) a year-by-year plan showing how program-requested operational grants, program-requested zero-interest and low-interest loans and self-funding, private investments and completed project profits will create growth for the applicant company; and

(5) details on partnerships, including any community-based organizations partnership for workforce development, subscriber recruitment and conducting information sessions as well as subcontracting relationships and sources of private capital. Projected spending shall be included for these items.

(d) Applicants will be scored up to 50 points based on the components outlined in subsection (c).

(e) Application who designate themselves as energy efficiency applicants can be awarded additional points as follows:

(1) Up to 15 points based on projected hiring and industry job creation via subcontracting year-by-year, including description of wages, salaries and benefits;

(2) Up to 15 points based on a clear vision of growing the business in a strategic way;

(3) Up to 10 points based on a clear vision of how increased capitalization would benefit the business;

(4) Up to 10 points based on past project performance in the areas of work quality, adherence to best practices and demonstration of technical knowledge;

(f) Applications who do not designate themselves as energy efficiency applicants pursuant to paragraph (e) of this Section can be awarded additional points as follows:

(1) Up to 10 points based on outside capital and capacity the applicant is anticipated to bring to project development;

(2) Up to 10 points based on ratio of grants to loans requested as a measure of how much of the risk the applicant is willing to assume;

(3) Up to 10 points based on the anticipated revenues from future projects;

(4) Up to 10 points based on projected hiring and industry job creation via subcontracting year-by-year, including description of wages, salaries and benefits;

(5) Up to 10 points based on any model proposed to build wealth in the larger underserved community through profit sharing, transfer of asset ownership (such as solar panels) and other means.

(g) The Primes Program Administrator shall select Program participants based on the application score, the Program's ability to accommodate the requested grants and loans, and the expectation of a contractor cohort that approximates the racial diversity in the region. The Primes Program Administrator shall cap contractors in the energy efficiency sector at 50% of available cohort spots and 50% of available grants and loans if possible.

(h) Regional Primes Program Leads shall review applications, conduct one-on-one interviews, and, if possible, visit work sites of promising candidates.

(i) Regional Primes Program Leads shall recommend a cohort of selected contractors and a corresponding budget to the Primes Program Administrator for final approval. Applicants not recommended for approval are allowed to petition the Primes Program Administrator, the Department and the Advisory Board for consideration.

(j) Regional Primes Program Leads shall make cohort recommendations to the Primes Program Administrator, the Department and the Advisory Board. Applicants may be asked to make a short presentation to the Department and the Advisory Board prior to a final determination on acceptance. Final selection of contractor participants rests with the Department.

Section 5-1525. Metrics and goals for program participants.

(a) Upon each participant's acceptance into the Program, the Regional Primes Program Leads shall solicit, and Program participants shall be required to provide, the following information to prepare a baseline report on the Program participant's business:

(1) information necessary to understand the financial health of the Program participant;

(2) income from past project development;

(3) the certifications that the Program participant is seeking to obtain;

(4) employee data including salaries, length of service and demographics;

(5) subcontractor data including demographics (if available or applicable); and

(6) community profit-sharing and joint ownership data (if available or applicable).

(b) The Regional Primes Program Leads shall to the greatest extent practical establish a monthly metric reporting system with each of the participating contractors and track the metrics for progress against the contractor's work plan and Program goals. Regional Primes Program Leads shall compile, and require Program participants to provide information for, the following metrics on a monthly basis:

(1) information necessary to understand the financial health of the Program participant;

(2) information about project development including bids submitted, projects started, projects completed and related project-based expenses and income, and the percentage of projects where contractor is acting as the prime contractor;

(3) the certifications that the Program participant is seeking to obtain and progress in obtaining those certifications;

(4) employee data including salaries, length of service and demographics, as well as whether any newly hired employees are graduates of programs contained in the Clean Jobs Workforce Hub Act;

(5) subcontractor data (if applicable) including demographics, details on salaries, length of service and demographics of any industry jobs created, and whether the subcontractors are participants in or graduates of programs contained in Part 10 of this Act;

(6) community profit-sharing and joint ownership data (if available or applicable);

(7) amounts of grants and loans provided through the Program;

(8) log of completed Program activities including personalized training, coaching, and approximate hours of Program support;

(9) log of interaction with the participant's Mentor Company and the participant's satisfaction with the Mentor Company relationship;

(10) information on the Program participant's satisfaction with Regional Primes Program Lead and the Program overall; and

(11) Upon graduation from the Program, participants shall continue to provide metric data outlined in (1), (4), (5) and (6) annually for 10 years.

(c) In accordance with the goal of creating an individualized experience for each participant, nonperformance issues with Program participants will be addressed with one-on-one coaching from the Regional Primes Program Lead and necessary resources. Individual contractor performance issues shall be reported up to the Primes Program Administrator on a quarterly basis with issues designated as "resolved", "in remediation", or "needing a resolution" as appropriate.

(d) Individual contractors can request assignment to a different Mentor Company if warranted.

Section 5-1530. Regional cohort and program-level metrics and goals.

(a) Regional Primes Program Leads shall report the following metrics and progress on indicated goals to the Primes Program Administrator on a timeline established by the Primes Program Administrator:

(1) cohort recruiting efforts, including the geography targeted, events held, budget allocated for recruiting, and audience-appropriateness of language and graphics in all Program materials;

(2) program applications received;

(3) participant selection data including racial and geographic breakdown;

(4) program participants with ongoing issues as described in subsection (c) of Section 5-1525 of this Part;

(5) retention of participants in each cohort;

(6) total projects bid, started, and completed by participants, including information about revenue, hiring, and subcontractor relationships with projects;

(7) total certifications issued;

(8) employment data for contractor hires and industry jobs created including demographic, salary, length of service and geographic data;

(9) grants and loans distributed;

(10) hours logged in activities including the mentorship program; and

(11) program participant satisfaction with the Program.

(b) The Primes Program Administrator shall compile data at both the regional level and the overall Program level and create quarterly reports for the Department and the Advisory Board and an annual report for the Illinois General Assembly. Reporting provided to the Department and General Assembly will be anonymized to protect the data of Program participants, although some reporting by zip code or other geographic segment may be included. It will highlight how the Program is building wealth through increased revenues of participating companies, new hiring, creation of industry jobs, increased revenues of the larger pool of BIPOC subcontractors and through community arrangements that provide for passive income streams and asset ownership.

Section 5-1535. Mentorship Program

(a) The Regional Primes Program Leads shall recruit private companies to serve as mentors to Program participants. The primary role of the Mentor Companies shall be to assist Program participants in succeeding in the clean energy industry.

(b) The Primes Program Administrator may select Mentor Companies with the following qualifications:

(1) excellent standing with state clean energy programs;

(2) 4 or more years of experience in the field in which they will serve as a Mentor Company; and

(3) a proven track record of success in the field in which they will serve as a Mentor Company.

(c) The Regional Primes Program Leads shall collaborate with Mentor Companies and the mentee Program participants to create a plan for ongoing contact in opportunities such as on-the-job training, site walkthroughs, business process and structure walkthroughs, quality assurance and quality control reviews, and other relevant activities. Mentor Companies may identify what level of stipend they require.

(d) The Regional Primes Program Lead shall recommend the Mentor Company-mentee pairings and associated Mentor Company stipends to the Primes Program Administrator for approval.

(e) The Regional Primes Program Lead shall conduct an annual review of each Mentor Company-mentee pairing and recommend whether it continues for a second year and the level of stipend that is appropriate. The review will also ensure that any profit-sharing and purchased services agreements adhere to the guidelines established by the Primes Program Administrator.

Section 5-1540. Program budget.

(a) The Department shall allocate $3,000,000 annually to the Primes Program Administrator for each of the 3 regional budgets from the Energy Community Reinvestment Fund.

(b) Each regional budget will be developed collaboratively by the Primes Program Administrator and the corresponding Regional Primes Program Lead. The budget will cover Program administration, Program publicity and candidate recruitment, training and certification costs, operational support grants for Program participants, Mentor Company stipends and loan loss reserves for contractor capitalization as well as other costs the Primes Program Administrator deems to be necessary or beneficial for the implementation of the Program.

(c) The Primes Program Administrator shall conduct budgeting in conjunction with Illinois Clean Energy Jobs and Justice Fund or comparable financing institution so that loan loss reserves are sufficient to underwrite $7,000,000 in low-interest loans in each of the 3 regions.

(d) All available grant and loan funding should be made available to Program participants in a timely fashion.

Part 20. Returning Residents Clean Jobs Training Program

Section 5-2001. Purpose. The Returning Residents Clean Jobs Training Program shall be established within the Illinois Department of Commerce and Economic Opportunity in an effort to assist inmates in their rehabilitation through training that prepares them to successfully hold employment in the clean energy jobs sector upon their release from incarceration.

Section 5-2005. Definitions. As used in this Part:

"Commitment" means a judicially determined placement in the custody of the Department of Corrections on the basis of conviction or delinquency.

"Committed person" means a person committed to the Department of Corrections.

"Correctional institution or facility" means a Department of Corrections building or part of a Department of Corrections building where committed persons are detained in a secure manner.

"Discharge" means the end of a sentence or the final termination of a detainee's physical commitment to and confinement in the Department of Corrections.

"Program" means the clean energy jobs instruction established by this Part.

"Program Administrator" means the person or entity selected to administer and coordinate the work of the Illinois Returning Residents Clean Jobs Training Program as established in Section 5-2030 of this Part.

"Regional Administrator" means the person or entity selected to administer and coordinate programs as described in Section 5-130 of Part 1 of this Act.

"Returning resident" means any United States resident who is: 17 years of age or older; in the physical custody of the Department of Corrections and scheduled to be re-entering society within 12 months.

Section 5-2010. Program.

(a) General. The Returning Residents Clean Jobs Training Program shall be based on a curriculum designed to be as similar as practical to the Clean Energy Jobs Training Programs available for persons not committed as established in Part 5 of this Act. The program shall include structured hands-on activities in correctional institutions or facilities, including classroom spaces and outdoor spaces, to instruct participants in the core curriculum established in Part 5 of this Act.

(b) Connected Services. The program shall be designed and operated to allow participants to graduate from the program as hireable in the solar power and energy efficiency industries. The program shall provide participants with the knowledge and ability to access the necessary mental health, case management, and other support services, both during the program and after graduation, to ensure they are successful in the clean energy jobs sector.

(c) Recruitment of Participants. The Program Administrators shall implement a recruitment process to educate committed persons on the benefits of the program and how to enroll in the program. This recruitment process must reach both men's correctional institutions and facilities and women's correctional institutions and facilities.

(d) Connection to Employers. The Program Administrators shall be responsible for connecting program graduates with potential employers in the solar power and energy efficiency and related industries. The Regional Administrators shall assist the Program Administrators with this task.

(e) Graduation. Participants who successfully complete all assignments in the program shall be considered graduates and shall receive a program graduation certificate, as well as any certifications earned in the process.

Section 5-2015. Administrative rules; eligibility.

(a) A committed person in a correctional institution or facility is eligible if the committed person:

(1) is not prohibited by Illinois statute from entering a residence or public building as a result of a previous conviction;

(2) is within 12 months of expected release;

(3) volunteers, or is recommended to participate, with a strong interest in the program and in securing and keeping a clean energy job upon completion of the program and release;

(4) meets all program and testing requirements;

(5) is willing to follow all program requirements; and

(6) is willing to participate in all prescribed program events including the required wrap-around/support services.

(b) The Department of Corrections shall provide data needed to determine eligibility and work with the Program Administrator to select individuals for the training program.

Section 5-2020. Program entry and testing requirements.To enter the Returning Residents Clean Jobs Training Program, committed persons must complete a simple application, undergo an interview and coaching session, and pass the Test for Adult Basic Education. The Returning Residents Clean Jobs Training Program shall include a one week "pre" program boot camp that ensures the candidates understand and are interested in continuing the program. Candidates that successfully complete the "pre" program boot camp shall continue to the full program.

Section 5-2025. Administrative rules; drug testing. A clean drug test is required to complete the Returning Residents Clean Jobs Training Program. A drug test shall be administered at least once prior to graduation, and, if positive, it shall not result in immediate expulsion, but outreach must be performed to offer assistance and mitigation. An additional clean test is then required to complete the program.

Section 5-2030. Curriculum and program administration.

(a) Curriculum.

(1) General. The Returning Residents Clean Jobs Training Program shall be based on a curriculum designed to be as similar as practical to the Clean Energy Jobs Training Programs available for persons not committed as established in Part 5 of this Act, with a focus on preparing graduates for employment in the solar power and energy efficiency industries.

(2) Curriculum design and public comment. The Department shall design a draft curriculum for the implementation of the Returning Residents Clean Jobs Training Program by making adjustments to the Clean Energy Jobs Training Programs curriculum to meet in-facility requirements. The Department shall consult with the Department of Corrections to ensure all curriculum elements may be available within Department of Corrections facilities. The Department shall then publish the draft curriculum no more than 120 days after the effective date of this Act, and solicit public comments on the draft curriculum for at least 30 days prior to beginning program implementation.

(3) Curriculum goals and skills. Program participants shall be instructed in skills that prepare them for employment in the clean energy industry. The Program shall focus on solar and energy efficiency training, including both technical and soft skills necessary for success in the field.

(A) Solar power training. Program participants shall receive training focused on accessing opportunities in the solar industry and earning the necessary certifications to work in the solar industry as a solar tech including installation, maintenance, technical work, and sales.

(B) Energy efficiency training. Program participants shall receive training focused on accessing opportunities in the energy efficiency industry and earning the necessary certifications to work in the energy efficiency industry through training in building science principles, sales of solar technology, installation, maintenance, and the skills needed to become an energy auditor, building analyst, or HVAC Tech.

(C) Additional hard and soft skills for clean energy jobs. Training shall include, but is not limited to, job readiness training, mental health assessment and services, and addiction recovery services.

(4) Guidebook. The Program Administrators shall collaborate to create and publish a guidebook that allows for the implementation of the curriculum and provides information on all necessary and useful resources for program participants and graduates.

(b) Program administration.

(1) Program administrators.

(A) Within 210 days after the effective date of this Act, the Department shall complete the following:

(i) Convene a comprehensive stakeholder process that includes, at minimum, representatives from community-based organizations in environmental justice communities, community-based organizations serving low-income persons and families, community-based organizations serving energy workers, and labor unions, to seek input on the administration of this program.

(ii) Gather input from the comprehensive stakeholder process and publish a summary of the input received during the stakeholder process, along with an implementation plan incorporating input from the stakeholder process on the Department website or the initial Program website. The implementation plans shall also be provided to the Advisory Board.

(iii) Hold a 30-day public comment period seeking input on the implementation plans.

(iv) In consultation with the Regional Administrators and Advisory Board, select a Program Administrator for each of the three regions: North, Central, and South, to administer and coordinate the work of the Illinois Returning Residents Clean Jobs Training Program. Candidates shall be evaluated with input from the Advisory Board.

(B) The Program Administrators shall have strong capabilities, experience, and knowledge related to program development and economic management; cultural and language competency needed to be effective in the respective communities to be served; expertise in working in and with BIPOC and environmental justice communities; knowledge and experience in working with providers of clean energy jobs; and awareness of solar power and energy efficiency industry trends and activities, workforce development best practices, and regional workforce development needs, and community development. The Program Administrators shall demonstrate a track record of strong partnerships with community-based organizations.

(C) The Program Administrators shall coordinate with Regional Administrators and the Clean Jobs Workforce Hubs Network Program to ensure execution, performance, partnerships, marketing, and program access across the State that is as consistent as possible while respecting regional differences. The Program Administrators shall work with partner community-based organizations in their respective regions and Program Delivery Areas to deliver the Program.

(D) The Program Administrators shall collaborate to create and publish an employer "Hiring Returning Residents" handbook that includes benefits and expectations of hiring returning residents, guidance on how to recruit, hire, and retain returning residents, guidance on how to access state and federal tax credits and incentives, resources from federal and state, guidance on how to update company policies to support hiring and supporting returning residents, and an understanding of the harm in one-size fits all policies toward returning residents. The handbook shall be updated every 5 years or more frequently if needed to ensure its contents are accurate. The handbook shall be made available on the Department's website.

(E) The Program Administrators shall work with potential employers and employers who hire graduates to collect data needed to ensure program participant success and to evaluate success of the program, including, but not limited to:

(i) candidates interviewed and hiring status;

(ii) graduate employment status, such as hire date, salary grade changes, hours worked, and separation date;

(iii) key demographics by project or project category; and

(iv) continuing education and certifications gained by program graduates.

The Program Administrators will work with potential employers to promote company policies to support hiring and supporting returning residents via employee/employer liability, coverage, insurance, bonding, training, hiring practices, and retention support. The Program Administrator will provide services such as, but not limited to, job coaching and financial coaching to program graduates to support their employment longevity. The Program Administrators shall report data needed to ensure program participant success and to evaluate success of the program to the Department, Regional Administrators, and Advisory Board.

(F) The Program Administrators shall identify clean energy job opportunities and assist participants in achieving employment. The program shall include at least one job fair; include job placement discussions with clean energy employers; establish a partnership with Illinois solar energy businesses and trade associations to identify solar employers that support and hire returning residents, and; involve the Department, Regional Administrators, and the Advisory Board in finding employment for participants and graduates in the solar power and energy efficiency industries.

(G) The Program Administrators shall work with graduates to maintain contact, including quarterly check-ins, and ensure access to the necessary mental health, case management, and other support services, both during the program and after graduation, to ensure they are successful in the clean energy jobs sector.

(2) Community Organizations. Program Administrators may contract with local community-based organizations to provide program elements at each facility. Contracts with local community-based organizations shall be initially competitively selected by the Department within 330 days after the effective date of this Act and shall be subsequently competitively selected by the Department every 5 years. Community-based organizations delivering the program elements outlined may provide all elements required or may subcontract to other entities for the provision of portions of program elements, including, but not limited to, administrative soft and hard skills for program participants, delivery of specific training(s) in the core curriculum, or provision of other support functions for program delivery compliance. The Department and the Regional Administrators shall collaborate to develop uniform minimum contractual requirements for competitively selected community-based organizations to provide the Program, uniform minimum contractual requirements for all Program subcontracts, and uniform templates for Requests For Proposals for all Program subcontracts.

(3) Scheduling and Delays. The Department should aim to include training in conjunction with other pre-release procedures and movements. Delays in a workshop being provided shall not cause delays in discharge. Detainees may not be prevented from attending workshops due to staffing shortages, lockdowns, conflicts with family or legal visits, court dates, medical appointments, commissary visits, recreational sessions, dining, work, class, or bathing schedules. In case of conflict or staffing shortages, returning residents must be given full opportunity to attend a workshop at a later time.

(4) Coordination with Clean Jobs Workforce Hubs Network Program, established by Part 5 of this Act to Provide Pre-Release Training. The Program Administrators may establish shortened Clean Jobs Training Programs at facilities that are designed to prepare and place graduates in the Clean Jobs Workforce Hubs following release from commitment. These programs may focus on technical skills that prepare participants for clean energy jobs as well as other generalized workforce and life skills necessary for success. Any graduate of these programs must be guaranteed placement in a Clean Jobs Workforce Hub training program.

Section 5-2035. Advisory Board and program management.

(a) The Advisory Board shall review the Returning Residents Clean Jobs Training Program, implement and enforce the policies and requirements of the program and the Program Administrators, and review, approve, and make adjustments to the implementation policies and deliverables of the Program Administrators and other program implementers. The Advisory Board shall ensure that metrics and a reporting structure are in place to support successful implementation. These metrics shall include, but are not limited to:

(1) demographics of each entering and graduating class;

(2) percent of graduates employed at 6 and 12 months after release;

(3) recidivism rate of program participants at 3 and 5 years after release; and

(4) information on the type of employment, whether full or part time or seasonal, and pay rates achieved by program graduates.

The metrics and performance outcomes shall be shared with the Department and with Program Administrators and implementers for the program created by Part 5 of this Act. All program implementers should have input before major changes to policy, metrics, or outcomes are determined. Program metrics and performance outcomes shall be published on the Department's website annually.

(b) The Director of the Department of Corrections shall ensure that the wardens or superintendents of all correctional institutions and facilities visibly post information on the program in common areas of their respective institutions, broadcast the same via in-house institutional information television channels, and distribute updated information in a timely, visible, and accessible manner.

(c) All program content and materials shall be distributed annually to the Community Support Advisory Councils of the Department of Corrections for use in re-entry programs across this State.

Section 5-2040. Returning Residents Clean Jobs Training Program monitoring and enforcement.

(a) The Director of Corrections shall ensure that wardens or superintendents, program, educational, and security and movement staff permit program workshops to take place, and that returning residents are escorted to workshops in a consistent and timely manner.

(b) Compliance with this Part shall be monitored by a report published annually by the Department of Corrections containing data, including numbers of returning residents who enrolled in the program, numbers of returning residents who completed the program, and total numbers of individuals discharged. Other data that shall be collected include the number of people hired, the type of employment (full-time versus part-time; permanent versus seasonal short-term contract), the salary grade of people hired every 3 months, certifications of people hired every 3 months, the demographic mix of project teams per project, and the recidivism rate over 3 to 5 years. Data shall be disaggregated by institution, discharge, or residence address of resident, and other factors.

Section 5-2045. Funding. The Funding for this program shall be subject to appropriation from the Energy Community Reinvestment Fund and other sources. The Director of the Department of Commerce and Economic Opportunity may, upon consultation with the Director of Corrections, allocate funding to the Department of Corrections as necessary to offset costs incurred by the Departments of Corrections in program implementation.

Section 5-2050. Access. The program instructors and staff shall have access to Department of Corrections institutions and facilities as needed, including, but not limited to, classroom space and outdoor space, with an expectation that they shall follow all facility procedures and protocols.

Article 10. Illinois Clean Energy

Jobs and Justice Fund Act

Section 10-1. Short title. This Article may be cited as the Illinois Clean Energy Jobs and Justice Fund Act.

References in this Article to "this Act" mean this Article.

Section 10-5. Purpose.

The purpose of this Act is to promote the health, welfare, and prosperity of all the residents of this State by ensuring access to financial products that allow Illinois residents and businesses to invest in clean energy. Furthermore, the Illinois Clean Energy Jobs and Justice Fund, is designed to fill the following purposes:

(1) Ensure that the benefits of the clean energy economy are equitably distributed;

(2) Make clean energy accessible to all through the provision of innovative financing opportunities and grants for Minority Business Enterprises (MBE) and other contractors of color, and for low-income, environmental justice, and BIPOC communities and the businesses that serve these communities;

(3) Prioritize the provision of public and private capital for clean energy investment to MBEs and other contractors of color, and to businesses serving low-income, environmental justice, and BIPOC communities;

(4) Accelerate the flow of private capital into clean energy markets;

(5) Assist low-income, environmental justice, and BIPOC community utility customers in paying for solar and energy efficiency upgrades through energy cost savings;

(6) Increase access to no- and low-cost loans for MBE and other contractors of color;

(7) Develop financing products designed to compensate for historical and structural barriers preventing low-income, environmental justice, and BIPOC communities from accessing traditional financing;

(8) Leverage private investment in clean energy projects and in projects developed by MBEs and other contractors of color; and

(9) Pursue financial self-sustainability through innovative financing products.

Section 10-10. Definitions. For the purpose of this Act, the following terms shall have the following definitions:

"Black, indigenous, and people of color" or "BIPOC" is defined as people who are members of the groups described in subparagraphs (a) through (e) of paragraph (A) of subsection (1) of Section 2 of the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.

"Board" means the Board of Directors of the Illinois Clean Energy Jobs and Justice Fund.

"Contractor of color" means a business entity that is at least 51% owned by one or more BIPOC persons, or in the case of a corporation, at least 51% of the corporation's stock is owned by one or more BIPOC persons; and the management and daily business operations of which are controlled by one or more of the BIPOC persons who own it. A contractor of color may also be a nonprofit entity with a board of directors composed of at least 51% BIPOC persons or a nonprofit entity certified by the State of Illinois to be minority-led.

"Environmental justice communities" means the definition of that term based on existing methodologies and findings used by the Illinois Power Agency and its Administrator of the Illinois Solar for All Program.

"Fund" means the Illinois Clean Energy Jobs and Justice Fund.

"Low-income" means households whose income does not exceed 80% of Area Median Income (AMI), adjusted for family size and revised every 5 years.

"Low-income community" means a census tract where at least half of households are low-income.

"Minority-owned business enterprise" or "MBE" means a business certified as such by an authorized unit of government or other authorized entity in Illinois.

"Municipality" means a city, village, or incorporated town.

"Person" means any natural person, firm, partnership, corporation, either domestic or foreign, company, association, limited liability company, joint stock company, or association and includes any trustee, receiver, assignee, or personal representative thereof.

Section 10-15. Clean Energy Jobs and Justice Fund.

(a) Formation. Not later than 30 days after the effective date of this Act, there shall be incorporated a nonprofit corporation to be known as the "Clean Energy Jobs and Justice Fund."

(b) Limitation. The Fund shall not be an agency or instrumentality of the State Government.

(c) Full faith and credit. The full faith and credit of the State of Illinois shall not extend to the Fund.

(d) Nonprofit status. The Fund shall:

(1) Be an organization described in subsection (c) Section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of Section 501 of that Code;

(2) Ensure that no part of the income or assets of the Fund shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses; and

(3) Not contribute to or otherwise support any political party or candidate for elective office.

Section 10-20. Board of directors.

(a) Board composition. The Fund shall be managed by, and its powers, functions, and duties shall be exercised through, a board to be composed of 11 members. The initial members of the Board shall be selected as follows:

(1) Appointed members. Five members shall be appointed by the Governor within 60 days after the effective date of this Act. Members of the board shall be broadly representative of the communities that the Fund is designed to serve. Of such members:

(i) at least one member shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(ii) at least one member shall have experience in providing energy-related services to low-income, environmental justice, or BIPOC communities;

(iii) At least one member shall own or be employed by an MBE or BIPOC-owned business focused on the deployment of clean energy;

(iv) at least one member shall be a policy or implementation expert in serving low-income, environmental justice or BIPOC communities or individuals, including environmental justice communities, BIPOC communities, justice-involved persons, persons who are or were in the child welfare system, displaced energy workers, gender nonconforming and transgender individuals, or youth; and

(v) Board members can fulfill multiple criteria (such as representing the southern region and a MBE or BIPOC-owned business focused on the deployment of clean energy).

(2) Elected members. Six members shall be elected unanimously by the 5 members appointed pursuant to subparagraph (A) within 120 days after the effective date of this Act. Members of the board shall be broadly representative of the communities that the Fund is designed to serve. Of such members:

(i) at least one member shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(ii) at least one member shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities;

(iii) at least one member shall own or be employed by an MBE or BIPOC-owned business focused on the deployment of clean energy;

(iv) at least one member shall be from an organization specializing in providing energy-related services to low-income, environmental justice, or BIPOC communities; and

(v) Board members can fulfill multiple criteria (such as representing the southern region and an MBE or BIPOC-owned business focused on the deployment of clean energy).

(3) Terms. The terms of the initial members of the Board shall be as follows:

(A) The 5 members appointed and confirmed under paragraph (1) of subsection (a) of this Section shall have initial 5-year terms.

(B) Of the 6 members elected under paragraph (2) of subsection (a) of this Section, 3 shall have initial 4-year terms and 3 shall have initial 3-year terms.

(b) Subsequent composition and terms.

(1) Except for the selection of the initial members of the Board for their initial terms under paragraph (1) of subsection (a) of this Section, the members of the Board shall be elected by the members of the Board.

(2) Disqualification. A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate.

(3) Terms. All members elected pursuant to paragraph (2) of subsection (a) of this Section shall have a term of 5 years.

(c) Qualifications. The members of the board shall be broadly representative of the communities that the Fund is designed to serve and shall collectively have expertise in environmental justice, energy efficiency, distributed renewable energy, workforce development, finance and investments, clean transportation, and climate resilience. Of such members:

(1) not fewer than 2 shall be selected from each of the following geographic regions in the State: northeast, northwest, central, and southern;

(2) not fewer than 2 shall be from an MBE or BIPOC-owned business focused on the deployment of clean energy;

(3) not fewer than 2 shall be from a community-based organization with a specific mission to support racially and socioeconomically diverse environmental justice communities; and

(4) not fewer than 2 shall be from an organization specializing in providing energy-related services to low-income, environmental justice, or BIPOC communities.

(5) Members of the board can fulfill multiple criteria (such as representing the southern region and an MBE or BIPOC-owned business focused on the deployment of clean energy).

(d) Restriction on membership. No officer or employee of the State or any other level of government may be appointed or elected as a member of the Board.

(e) Quorum. Seven members of the Board shall constitute a quorum.

(f) Bylaws. The board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Fund. Such bylaws shall include designation of officers of the Fund and the duties of such officers.

(g) Restrictions. No person who is an employee in any managerial or supervisory capacity, director, officer or agent or who is a member of the immediate family of any such employee, director, officer or agent of any public utility is eligible to be a director. No director may hold any elective position, be a candidate for any elective position, be a State public official, be employed by the Illinois Commerce Commission, or be employed in a governmental position exempt from the Illinois Personnel Code.

(h) Director, Family Member Employment. No director, nor member of his or her immediate family shall, either directly or indirectly, be employed for compensation as a staff member or consultant of the Fund.

(i) Meetings. The board shall hold regular meetings at least once every 3 months on such dates and at such places as it may determine. Meetings may be held by teleconference or videoconference. Special meetings may be called by the president or by a majority of the directors upon at least 7 days' advance written notice. The act of the majority of the directors, present at a meeting at which a quorum is present, shall be the act of the board of directors unless the act of a greater number is required by this Act or bylaws. A summary of the minutes of every board meeting shall be made available to each public library in the State upon request and to individuals upon request. Board of Director meeting minutes shall be posted on the Fund's website within 14 days after Board approval of the minutes.

(j) Expenses. A director may not receive any compensation for his or her services but shall be reimbursed for necessary expenses, including travel expenses incurred in the discharge of duties. The board shall establish standard allowances for mileage, room and meals and the purposes for which such allowances may be made and shall determine the reasonableness and necessity for such reimbursements.

(k) In the event of a vacancy on the board, the board of Directors shall appoint a temporary member, consistent with the requirements of the board composition, to serve the remainder of the term for the vacant seat.

(l) The board shall adopt rules for its own management and government, including bylaws and a conflict of interest policy.

(m) The board of directors of the Fund shall adopt written procedures for:

(1) adopting an annual budget and plan of operations, including a requirement of board approval before the budget or plan may take effect;

(2) hiring, dismissing, promoting, and compensating employees of the Fund, including an affirmative action policy and a requirement of board approval before a position may be created or a vacancy filled;

(3) acquiring real and personal property and personal services, including a requirement of board approval for any non-budgeted expenditure in excess of 5 thousand dollars;

(4) contracting for financial, legal, bond underwriting and other professional services, including requirements that the Fund (i) solicit proposals at least once every 3 years for each such service that it uses, and (ii) ensure equitable contracting with diverse suppliers;

(5) issuing and retiring bonds, bond anticipation notes, and other obligations of the Fund; and

(6) awarding loans, grants and other financial assistance, including (i) eligibility criteria, the application process and the role played by the Fund's staff and board of directors, and (ii) ensuring racial equity in the awarding of loans, grants, and other financial assistance.

(n) The board shall develop a robust set of metrics to measure the degree to which the program is meeting the purposes set forth in Section 5-10 of this Act, and especially measuring adherence to the racial equity purposes set forth there, and a reporting format and schedule to be adhered to by the Fund officers and staff. These metrics and reports shall be posted quarterly on the Fund's website.

(o) The board of directors has the responsibility to make program adjustments necessary to ensure the Clean Energy Jobs and Justice Fund is meeting the purposes set forth in Section 5-10 of this Act. Fund officers and staff and the board of directors are responsible for ensuring capital providers and Fund officers and staff, partners, and financial institutions are held to state and federal standards for ethics and predatory lending practices and shall immediately remove any offending products and sponsoring organizations from Fund participation.

(p) The board shall issue annually a report reviewing the activities of the Fund in detail and shall provide a copy of such report to the joint standing committees of the General Assembly having cognizance of matters relating to energy and commerce. The report shall be published on the Fund's website within 3 days after its submission to the General Assembly.

Section 10-25. Powers and duties.

(a) The Fund shall endeavor to perform the following actions, but is not limited to these specified actions:

(1) Develop programs to finance and otherwise support clean energy investment and projects as determined by the Fund in keeping with the purposes of this Act.

(2) Support financing or other expenditures that promote investment in clean energy sources in order to (i) foster the development and commercialization of clean energy projects, including projects serving low-income, environmental justice, and BIPOC communities, and (ii) support project development by MBE and other contractors of color.

(3) Prioritize the provision of public and private capital for clean energy investment to MBEs and other contractors of color, and to clean energy investment in low-income, environmental justice, and BIPOC communities.

(4) Provide access to grants, no-cost, and low-cost loans to MBEs and other contractors of color, including those participating in the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program.

(5) Provide financial assistance in the form of grants, loans, loan guarantees or debt and equity investments, as approved in accordance with written procedures.

(6) Assume or take title to any real property, convey or dispose of its assets and pledge its revenues to secure any borrowing, convey or dispose of its assets and pledge its revenues to secure any borrowing, for the purpose of developing, acquiring, constructing, refinancing, rehabilitating or improving its assets or supporting its programs, provided each such borrowing or mortgage, unless otherwise provided by the board or the Fund, shall be a special obligation of the Fund, which obligation may be in the form of bonds, bond anticipation notes or other obligations which evidence an indebtedness to the extent permitted under this chapter to Fund, refinance and refund the same and provide for the rights of holders thereof, and to secure the same by pledge of revenues, notes and mortgages of others, and which shall be payable solely from the assets, revenues and other resources of the Fund and such bonds may be secured by a special capital reserve Fund contributed to by the State.

(7) Contract with community-based organizations to design and implement program marketing, communications, and outreach to potential users of the Fund's products, particularly potential users in low-income, environmental justice, and BIPOC communities. These contracts shall include funding to ensure that the contracted community-based organizations provide materials and outreach support, including payments for time and expenses, to other community organizations, professional organizations, and subcontractors that have an interest in the Fund's financial products.

(8) Collect the following data and perform monthly and quarterly reporting to the board in accordance with the reporting format and schedule developed by the Board of Directors:

(A) baseline data on capital sources/providers, loan recipients, projects funded, loan terms, and other relevant financial data;

(B) diversity and equity data (race, gender, socioeconomic, geographic region, etc.); and

(C) program administration and servicing data. These reports shall be published to the Fund's website monthly and quarterly. Reports published to the website may be anonymized to protect the data of individual program participants.

(9) Have the purposes as provided by resolution of the Fund's board of directors, which purposes shall be consistent with this Section and Section 5-10 of this Act. No further action is required for the establishment of the Fund, except the adoption of a resolution for the Fund.

(b) In addition to, and not in limitation of, any other power of the Fund set forth in this Section or any other provision of the general statutes, the Fund shall have and may exercise the following powers in furtherance of or in carrying out its purposes:

(1) have perpetual succession as a body corporate and to adopt bylaws, policies and procedures for the regulation of its affairs and the conduct of its business;

(2) make and enter into all contracts and agreements that are necessary or incidental to the conduct of its business;

(3) invest in, acquire, lease, purchase, own, manage, hold, sell and dispose of real or personal property or any interest therein;

(4) borrow money or guarantee a return to investors or lenders;

(5) hold patents, copyrights, trademarks, marketing rights, licenses or other rights in intellectual property;

(6) employ such assistants, agents, and employees as may be necessary or desirable; establish all necessary or appropriate personnel practices and policies, including those relating to hiring, promotion, compensation and retirement, and engage consultants, attorneys, financial advisers, appraisers and other professional advisers as may be necessary or desirable;

(7) invest any funds not needed for immediate use or disbursement pursuant to investment policies adopted by the Fund's board of directors;

(8) procure insurance against any loss or liability with respect to its property or business of such types, in such amounts and from such insurers as it deems desirable;

(9) enter into joint ventures and invest in, and participate with any person, including, without limitation, government entities and private corporations, in the formation, ownership, management and operation of business entities, including stock and nonstock corporations, limited liability companies and general or limited partnerships, formed to advance the purposes of the Fund, provided members of the board of directors or officers or employees of the Fund may serve as directors, members or officers of any such business entity, and such service shall be deemed to be in the discharge of the duties or within the scope of the employment of any such director, officer or employee, as the case may be, so long as such director, officer or employee does not receive any compensation or financial benefit as a result of serving in such role; and

(10) all other acts necessary or convenient to carry out the purposes of this Act.

(c) Before making any loan, loan guarantee, or such other form of financing support or risk management for a clean energy project, the Fund shall develop standards to govern the administration of the Fund through rules, policies and procedures that specify borrower eligibility, terms and conditions of support, and other relevant criteria, standards, or procedures.

(d) Capitalization. The Fund shall be capitalized with $100 million from the Energy Community Reinvestment Fund within the first year after the enacted date of this Act. The Fund will receive additional capitalization of $40 million each year thereafter. Funding sources specifically authorized include, but are not limited to:

(1) funds repurposed from existing programs providing financing support for clean energy projects, provided any transfer of funds from such existing programs shall be subject to approval by the General Assembly and shall be used for expenses of financing, grants and loans;

(2) any federal funds that can be used for the purposes specified in this Act;

(3) charitable gifts, grants, contributions as well as loans from individuals, corporations, university endowments and philanthropic foundations; and

(4) earnings and interest derived from financing support activities for clean energy projects backed by the Fund.

(e) The Fund may enter into agreements with private sources to raise capital.

(f) The Fund may assess reasonable fees on its financing activities to cover its reasonable costs and expenses, as determined by the board.

(g) The Fund shall make information regarding the rates, terms and conditions for all of its financing support transactions available to the public for inspection, including formal annual reviews by both a private auditor conducted pursuant this Section and the Comptroller, and provide details to the public on the Internet, provided public disclosure shall be restricted for patentable ideas, trade secrets, proprietary or confidential commercial or financial information, disclosure of which may cause commercial harm to a nongovernmental recipient of such financing support and for other information exempt from public records disclosure.

(h) The powers enumerated in this Section shall be interpreted broadly to effectuate the purposes established in this Section and shall not be construed as a limitation of powers.

Section 10-30. Primary responsibilities in early program development.

(a) Consistent with the goals of this Act, the Fund has the authority to pursue a broad range of financial products and services. In early development of products and services offered, the Fund should consider the following programs as its initial set of investment initiatives:

(1) a solar lease, power-purchase agreement, or loan-to-own product specifically designed to complement and grow the Illinois Solar for All program;

(2) direct capitalization of contractors of color participating in or graduating from the workforce and business development programs established in the Clean Jobs, Workforce and Contractor Equity Act;

(3) providing direct capitalization of community-based projects in environmental justice communities through upfront grants. Project applications should provide a community benefit, align with environmental justice communities, be in support of this Act's contractor and workforce development goals, and support upfront planning, development, and start up costs that often are not covered prior to applying for program incentives and other loan products;

(4) Providing loan loss reserve products to secure stable and low-interest financing for individual projects and portfolios consistent with the goals of this Act that would be otherwise unable to receive financing; and

(5) offering financing and administrative services for municipal utilities and rural electric cooperatives to create their own version of the on-bill Equitable Energy Upgrade Program such as the Pay As You Save program developed by the Energy Efficiency Institute.

Section 10-35. Executive director and fund management.

(a) The executive director hired by the board shall have the same qualifications as a director pursuant to subsection (d) Section 10-10 of this Act. The executive director may not be a candidate for the Board of Directors while serving as executive director. The executive director must have 5 or more years of experience in equitable and inclusive financing serving racially and socioeconomically diverse communities.

(b) To hire the executive director, the board shall adhere to any applicable State or federal law prohibiting discrimination in employment.

(c) The board shall require all applicants for the position of executive director of the Fund to file a financial statement consistent with requirements established by the board. The board shall require the executive director to file a current statement annually.

(d) The Fund shall be administered by the executive director and the staff and overseen by the Board of Directors. Fund officers and staff shall receive training in how to best provide services and support to low-income, environmental justice, and BIPOC communities and on supporting borrowers with loan applications, loan underwriting, and loan services.

Section 10-40. Dissolution. The Fund may dissolve or be dissolved under the General Not for Profit Corporation Act.

Article 15. Community Energy, Climate, and Jobs Planning Act

Section 15-1. Short title. This Article may be cited as the Community Energy, Climate, and Jobs Planning Act.

References in this Article to "this Act" mean this Article.

Section 15-5. Findings. The General Assembly makes the following findings:

(1) The health, welfare, and prosperity of Illinois residents require that Illinois take all steps possible to combat climate change, address harmful environmental impacts deriving from the generation of electricity, maximize quality job creation in the emerging clean energy economy, ensure affordable utility service, equitable and affordable access to transportation, and clean, safe, affordable housing.

(2) The achievement of these goals will depend on strong community engagement to ensure that programs and policy solutions meet the needs of disparate communities.

(3) Ensuring that these goals are met without adverse impacts on utility bill affordability, housing affordability, and other essential services will depend on the coordination of policies and programs within local communities.

Section 15-10. Definitions. As used in this Act:

"Alternative energy improvement" means the installation or upgrade of electrical wiring, outlets, or charging stations to charge a motor vehicle that is fully or partially powered by electricity; photovoltaic, energy storage, or thermal resource; or any combination thereof.

"Disadvantaged worker" means an individual who is defined as: (1) being homeless; (2) being a custodial single parent; (3) being a recipient of public assistance; (4) lacking a high school diploma or high school equivalency; (5) having a criminal record or other involvement in the criminal justice system; (6) suffering from chronic unemployment; (7) being previously in the child welfare system; or (8) being a veteran.

"Energy efficiency improvement" means equipment, devices, or materials intended to decrease energy consumption or promote a more efficient use of electricity, natural gas, propane, or other forms of energy on property, including, but not limited to, all of the following:

(1) insulation in walls, roofs, floors, foundations, or heating and cooling distribution systems;

(2) storm windows and doors, multi-glazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, and additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(3) automated energy control systems;

(4) high efficiency heating, ventilating, or air-conditioning and distribution system modifications or replacements;

(5) caulking, weather-stripping, and air sealing;

(6) replacement or modification of lighting fixtures to reduce the energy use of the lighting system;

(7) energy controls or recovery systems;

(8) day lighting systems;

(9) any energy efficiency project, as defined in Section 825-65 of the Illinois Finance Authority Act; and

(10) any other installation or modification of equipment, devices, or materials approved as a utility cost-saving measure by the governing body.

"Energy project" means the installation or modification of an alternative energy improvement, energy efficiency improvement, or water use improvement, or the acquisition, installation, or improvement of a renewable energy system that is affixed to a stabilized existing property (including new construction).

"Governing body" means the county board or board of county commissioners of a county or the city council or board of trustees of a municipality.

"Local Employment Plan" means a bidding option that public agencies may include in requests for proposals to incentivize bidders to voluntarily plan to retain and create high-skilled local manufacturing jobs; invest in preapprenticeship, apprenticeship, and training opportunities; and develop family-sustaining career pathways into clean energy industries for disadvantaged workers in a specified local area. The Local Employment Plan only applies to work that is not financed with federal money.

"Local unit of government" means a county or municipality.

"Natural climate solutions" means conservation, restoration, or improved land management actions that increase carbon storage or avoid greenhouse gas emissions on natural and working lands.

"Nature-based approaches for climate adaptation" means actions that preserve, enhance, or expand functions provided by nature that increase capacity to manage adverse conditions created or exacerbated by climate change. "Nature-based approaches for climate adaptation" includes, but is not limited to, the restoration of native ecosystems, especially floodplains; installation of bioswales, rain gardens, and other green stormwater infrastructure; and practices that increase soil health and reduce urban heat island effects.

"Public agency" means the State of Illinois or any of its government bodies and subdivisions, including the various counties, townships, municipalities, school districts, educational service regions, special road districts, public water supply districts, drainage districts, levee districts, sewer districts, housing authorities, and transit agencies.

"Renewable energy resource" includes energy and its associated renewable energy credit or renewable energy credits from wind energy, solar thermal energy, geothermal energy, photovoltaic cells and panels, biodiesel, anaerobic digestion, and hydropower that does not involve new construction or significant expansion of hydropower dams. For purposes of this Act, landfill gas produced in the State is considered a renewable energy resource. "Renewable energy resource" does not include the incineration or burning of any solid material.

"Renewable energy system" means a fixture, product, device, or interacting group of fixtures, products, or devices on the customer's side of the meter that use one or more renewable energy resources to generate electricity, and specifically includes any renewable energy project, as defined in Section 825-65 of the Illinois Finance Authority Act.

"U.S. Employment Plan" means a bidding option that public agencies may include in requests for proposals to incentivize bidders to voluntarily plan to retain and create high-skilled U.S. manufacturing jobs; invest in preapprenticeship, apprenticeship, and training opportunities; and develop family-sustaining career pathways into clean energy industries for disadvantaged workers throughout the U.S. The U.S. Employment Plan only applies to work financed with federal money.

"Water use improvement" means any fixture, product, system, device, or interacting group thereof for or serving any property that has the effect of conserving water resources through improved water management, efficiency, or thermal resource.

Section 15-15. Community Energy, Climate, and Jobs Plans; creation.

(a) Pursuant to the procedures in Section 15-20, a local unit of government may establish Community Energy, Climate, and Jobs Plans and identify boundaries and areas covered by the Plans.

(b) Community Energy, Climate, and Jobs Plans are intended to aid local governments in developing a comprehensive approach to combining different energy, climate, and jobs programs and funding resources to achieve complementary impact. An effective planning process may:

(1) help communities discover ways that their local government, businesses, and residents can control their energy use and bills;

(2) ensure a cost-effective transition away from fossil fuels in the transportation sector;

(3) expand access to workforce development and job training opportunities for disadvantaged workers in the emerging clean energy economy;

(4) incentivize the creation and retention of quality Illinois jobs (when federal funds are not involved) in the emerging clean energy economy;

(5) incentivize the creation and retention of quality U.S. jobs in the emerging clean energy economy;

(6) promote economic development through improvements in community infrastructure, transit, and support for local business;

(7) improve the health of Illinois communities by reducing emissions, addressing existing brownfield areas, and promoting the integration of distributed energy resources;

(8) enable greater customer engagement, empowerment, and options for energy services, and ultimately reduce utility bills for Illinoisans;

(9) bring the benefits of grid modernization and the deployment of distributed energy resources to economically disadvantaged communities throughout Illinois;

(10) support existing Illinois policy goals promoting energy efficiency, demand response, and investments in renewable energy resources;

(11) enable communities to better respond to extreme heat and cold emergencies; and

(12) explore opportunities to expand and improve carbon sequestration, recreational amenities, wildlife habitat, flood mitigation, agricultural production, tourism, and similar co-benefits by deploying natural climate solutions and nature-based approaches for climate adaptation.

(c) A Community Energy, Climate, and Jobs Plan may include discussion of:

(1) the demographics of the community, including information on the mix of residential and commercial areas and populations, ages, languages, education, and workforce training, including an examination of the average utility bills paid within the community by class and census area, the percentage and locations of individuals requiring energy assistance, and participation of community members in other assistance programs; and also including an examination of the community's energy use, whether of electricity, natural gas, or other fuels and whether for transportation or other purposes;

(2) the geography of the community, including the amount of green space, brownfield sites, farmland, waterways, flood zones, heat islands, areas for potential development, location of critical infrastructure such as emergency response facilities, health care and education facilities, and public transportation routes;

(3) information on economic development opportunities, commercial usage, and employment opportunities;

(4) the current status of zero-emission vehicles operated by or on behalf of public agencies within the community; and

(5) other topics deemed applicable by the community.

(d) A Community Energy, Climate, and Jobs Plan may address the following areas:

(1) distributed energy resources, including energy efficiency, demand response, dynamic pricing, energy storage, and solar (thermal, rooftop, and community);

(2) building codes (both commercial and residential);

(3) vehicle miles traveled;

(4) transit options, including individual car ownership, ride sharing, buses, trains, bicycles, and pedestrian walkways;

(5) community assets related to extreme heat emergencies, such as cooling and warming centers;

(6) public agency procurements of zero-emission, electric vehicles; and

(7) networks of natural resources and infrastructure.

(e) A Community Energy, Climate, and Jobs Plan may conclude with proposals to:

(1) increase the use of electricity as a transportation fuel at multi-unit dwellings;

(2) maximize the system-wide benefits of transportation electrification;

(3) direct public agencies to implement tools, such as the U.S. Employment Plan or a Local Employment Plan, to incentivize manufacturers in clean energy industries to create and retain quality jobs and invest in training, workforce development, and apprenticeship programs in connection to a major contract;

(4) test innovative load management programs or rate structures associated with the use of electric vehicles by residential customers to achieve customer fuel cost savings relative to gasoline or diesel fuels and to optimize grid efficiency;

(5) increase the integration of distributed energy resources in the community;

(6) significantly expand the percentage of net-zero housing and net-zero buildings in the community;

(7) improve utility bill affordability;

(8) increase mass transit ridership;

(9) decrease vehicle miles traveled;

(10) reduce local emissions of greenhouse gases, NO_x, SO_x, particulate matter, and other air pollutants; and

(11) improve community assets that help residents respond to extreme heat and cold emergencies.

(f) A Community Energy, Climate, and Jobs Plan may be administered by one or more program administrators or the local unit of government.

(g) To be eligible for participation or funding through the Clean Energy Empowerment Zone pilot projects, as provided under Section 16-108.9 of the Public Utilities Act, or the Carbon-Free Last Mile of Commutes Program, described in Section 35 of the Electric Vehicle Act, a unit of local government shall include in its Community Energy, Climate, and Jobs Plans the information necessary for participation in these programs and projects.

(1) Eligibility for funding or resources from the Clean Energy Empowerment Zone pilot projects shall require, at a minimum, the Plan to include information necessary to determine whether the community qualifies as a Clean Energy Empowerment Zone as described in Section 16-108.9 of the Public Utilities Act.

(2) Eligibility for funding or resources from the Carbon-Free Last Mile of Commutes Program as described in Section 35 of the Electric Vehicle Act shall require, at a minimum, the Plan to include:

(A) information that allows the Department of Commerce and Economic Opportunity to assess current transportation and public transit infrastructure within the boundaries identified by the unit of local government; and

(B) recommendations by the unit of local government on how to use funds to increase carbon-free last mile commuting.

(3) Units of local government may use previously created Plans or reports to qualify for funding under this subsection (g). The determination of which Plans qualify shall be made liberally by the State agency or department responsible for this determination, subject to the conditions in paragraphs (1) and (2) of this subsection (g).

Section 15-20. Community Energy, Climate, and Jobs Planning process.

(a) An effective planning process shall engage with a diverse set of stakeholders in local communities, including: environmental justice organizations; economic development organizations; faith-based nonprofit organizations; educational institutions; interested residents; health care institutions; tenant organizations; housing institutions, developers, and owners; elected and appointed officials; and representatives reflective of each local community.

(b) An effective planning process shall engage with individual members of the community as much as possible to ensure that the Plans receive input from as diverse a set of perspectives as possible.

(c) Plan materials and meetings related to the Plan shall be translated into languages that reflect the makeup of the local community.

(d) The planning process shall be conducted in an ethical, transparent fashion, and continually review its policies and practices to determine how best to meet its objectives.

Section 15-25. Joint Community Energy, Climate, and Jobs Plans. A local unit of government may join with any other local unit of government, or with any public or private person, or with any number or combination thereof, under the Intergovernmental Cooperation Act, by contract or otherwise as may be permitted by law, for the implementation of a Community Energy, Climate, and Jobs Plan, in whole or in part.

Article 20. Energy Community Reinvestment Fund Act

Section 20-1. Short title. This Article may be cited as the Energy Community Reinvestment Fund Act.

Section 20-5. Energy Community Reinvestment Fund.

(a) The General Assembly hereby declares that management of several economic development programs requires a consolidated funding source to improve resource efficiency. The General Assembly specifically recognizes that properly serving communities and workers impacted by the energy transition requires that the Department of Commerce and Economic Opportunity have access to the resources required for the execution of the programs in the Clean Jobs Workforce Hubs Program and the Expanding Clean Energy Entrepreneurship Program.

The intent of the General Assembly is that the Energy Community Reinvestment Fund is able to provide all funding for development programs created in the Clean Jobs Workforce Hubs Program and the Expanding Clean Energy Entrepreneurship Program, and that no additional charge is borne by the taxpayers or ratepayers of Illinois absent a deficiency.

(b) The Energy Community Reinvestment Fund is created as a special fund in the State treasury to be used by the Department of Commerce and Economic Opportunity for purposes provided under this Section. The Fund shall be used to fund programs specified under subsection (c). The objective of the Fund is to bring economic development to communities in this State in a manner that equitably maximizes economic opportunity in all communities by increasing efficiency of resource allocation across the programs listed in subsection (c). The Department shall include a description of its proposed approach to the design, administration, implementation, and evaluation of the Fund, as part of the Energy Transition Workforce Plan described in this Act. Contracts that will be paid with moneys in the Fund shall be executed by the Department.

(c) The Department shall be responsible for the administration of the Fund and shall allocate funding on the basis of priorities established in this Section. Each year, the Department shall determine the available amount of resources in the Fund that can be allocated to the programs identified in this Section, and allocate the funding accordingly. The Department shall, to the extent practical, consider both the short-term and long-term costs of the programs and allocate, save, or invest funding so that the Department is able to cover both the short-term and long-term costs of these programs using projected revenue.

The available funding for each year shall be allocated from the Fund in the following order of priority:

(1) for costs related to the Clean Jobs Workforce Hubs program in Part 5 of the Clean Jobs, Workforce, and Contractor Equity Act, up to $26,000,000 annually or 26% of the available funding, whichever is less;

(2) for costs related to the program described by Part 10 of the Clean Energy, Workforce, and Contractor Equity Act, up to $21,000,000 annually or 21% of the available funding, whichever is less;

(3) for costs related to the Returning Residents Clean Jobs Training Program described in Part 20 of the Clean Jobs, Workforce, and Contractor Equity Act, up to $6,000,000 annually or 6% of the available funding, whichever is less;

(4) for costs related to the Illinois Clean Energy Black, Indigenous, and People of Color Primes Contractor Accelerator Program described in Part 15 of the Clean Jobs, Workforce and Contractor Equity Act, up to $9,000,000 annually or 9% of the available funding, whichever is less; and

(5) for the initial capital funding of the Clean Energy Jobs and Justice Fund, $100,000,000 in the year 2022, or if the full funding is not available, the Department may allocate these funds over several years as quickly as is feasible.

(d) No later than June 1, 2021, and by June 1 of each year thereafter, the Department shall submit a notification to the Illinois Environmental Protection Agency for the purpose of implementing the energy community reinvestment fee as described in Section 9.16 of the Environmental Protection Act. The notification shall include the revenue and spending requirements for the programs identified under this Act for the upcoming fiscal year, as well as the projected spending for all program years through Fiscal Year 2036. The projected revenue and spending need identified for any program year shall be no less than $200,000,000 per year for the calendar years 2021 through 2025 and $100,000,000 per year for all calendar years starting in 2026 that the Illinois electric sector generates greenhouse gas emissions.

(e) The Department shall, on an ongoing basis, seek out and apply for funding from alternative sources to cover the costs of these programs. Alternative sources may include the federal government, other State programs, private foundations, donors, or other opportunities for funding. The Department shall, as described in subsection (c), use any additional funding obtained for these programs to reduce or eliminate any costs borne by taxpayers and ratepayers. Nothing in this subsection (f) shall be interpreted to reduce or remove the revenue requirements obtained by the Illinois Environmental Protection Agency as described in subsection (d).

(f) Notwithstanding any other law to the contrary, the Energy Community Reinvestment Fund is not subject to sweeps, administrative chargebacks, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the Energy Community Reinvestment Fund into any other fund of the State.

(g) The Department is granted all powers necessary for the implementation of this Section.

Article 90. Amendatory Provisions

Section 90-5. The State Finance Act is amended by adding Sections 5.935 and 5.937 as follows:

(30 ILCS 105/5.935 new)

Sec. 5.935. The Energy Community Reinvestment Fund.

(30 ILCS 105/5.937 new)

Sec. 5.937. The Illinois Clean Energy Jobs and Justice Fund.

Section 90-10. The School Code is amended by adding Section 2-3.182 as follows:

(105 ILCS 5/2-3.182 new)

Sec. 2-3.182. Clean energy jobs curriculum.

(a) The General Assembly recognizes that clean energy is a growing and important sector of the State's economy and that significant job opportunity exists in the sector. Consistent with the Clean Jobs, Workforce, and Contractor Equity Act, the Board shall participate in the development of the clean energy jobs curriculum convened by the Department of Commerce and Economic Opportunity. The Board shall identify and collaboratively with stakeholders identified by the Board develop curriculum based on anticipated clean energy job availability and growth including participation from stakeholders engaged in delivering existing clean energy jobs workforce development programs in Illinois, specifically those programs tailored to members of economically disadvantaged communities, members of environmental justice communities, communities of color, persons with a criminal record, persons who are or were in the child welfare system, displaced energy workers, and members of any of these groups who are also women or transgender persons, as well as including youth. Clean energy jobs considered shall be consistent with "clean energy jobs" as defined in the Clean Jobs, Workforce, and Contractor Equity Act, including, but not limited to, solar photovoltaic, solar thermal, wind energy, energy efficiency, site assessment, sales, and back office.

(b) In the development of the clean energy jobs curriculum, the Board shall consider broad occupational training applicable to the general construction sector as well as sector-specific skills, including training on the manufacture and installation of healthier building materials that contain fewer hazardous chemicals.

(c) Consideration should be given to inclusion of skills applicable to trainees for whom secondary and higher education has not been available.

Section 90-15. The Public Utilities Act is amended by adding Section 16-111.10 as follows:

(220 ILCS 5/16-111.10 new)

Sec. 16-111.10. Equitable Energy Upgrade Program.

(a) The General Assembly finds and declares that Illinois homes and businesses can contribute to the creation of a clean energy economy, conservation of natural resources, and reliability of the electricity grid through the installation of cost-effective renewable energy generation, energy efficiency, and energy storage systems. Further, a large portion of Illinois residents and businesses that would benefit from the installation of energy efficiency, storage, and renewable energy generation systems are unable to purchase systems due to capital or credit barriers. This State should pursue options to enable many more Illinoisans to access the health, environmental, and financial benefits of new clean energy technology.

(b) As used in this Section:

"Commission" means the Illinois Commerce Commission.

"Energy project" means renewable energy generation systems, including solar projects, energy efficiency upgrades, energy storage systems, or any combination thereof.

"The Fund" means the Clean Energy Jobs and Justice Fund established in the Illinois Clean Energy Jobs and Justice Fund Act.

"Program" means the Equitable Energy Upgrade Program established under subsection (c).

"Utility" means electric utilities providing services under this Act.

(c) The Illinois Commerce Commission shall open an investigation into and direct all electric utilities in this State to adopt an Equitable Energy Upgrade Program that permits customers to finance the construction of energy projects through an optional tariff payable directly through their utility bill, modeled after the Pay As You Save system, developed by the Energy Efficiency Institute. The Program model shall enable utilities to offer to make investments in energy projects to customer properties with low-cost capital and use an opt-in tariff to recover the costs. The Program shall be designed to provide customers with immediate financial savings if they choose to participate. The Program shall allow residential electric utility customers that own the property, or renters that have permission of the property owner, for which they subscribe to utility service to agree to the installation of an energy project. The Program shall ensure:

(1) eligible projects do not require upfront payments; however, customers may pay down the costs for projects with a payment to the installing contractor in order to qualify projects that would otherwise require upfront payments;

(2) eligible projects have sufficient estimated savings and estimated lifespan to produce significant, immediate net savings;

(3) participants shall agree the utility can recover its costs for the projects at their location by paying for the project through an optional tariff directly through the participant's electricity bill, allowing participants to benefit from installation of energy projects without traditional loans; and

(4) accessibility by lower-income residents and environmental justice community residents.

(d) Program rollout. The Commission shall establish Program guidelines with the anticipated schedule of Program availability as follows:

(1) Year 1. Beginning in the first year of operation, each utility is required to obtain low-cost capital of at least $20,000,000 annually for investments in energy projects.

(2) Year 2. Beginning in the second year of operation, each utility is required to obtain low-cost capital for investments in energy projects of at least $40,000,000 annually.

(3) Year 3. Beginning in the third year of operation, each utility is required to obtain low-cost capital for investments in as many systems as customers demand, subject to available capital provided by the utility, State, or other lenders.

(e) In the design of the Equitable Energy Upgrade Program, the Commission shall:

(1) Within 270 days after the effective date of this amendatory Act of the 102nd General Assembly, convene a workshop during which interested participants may discuss issues and submit comments related to the Program.

(2) Establish Program guidelines for implementation of the Program in accordance with Pay As You Save Essential Elements and Minimum Program Requirements that electric utilities must abide by when implementing the Program. Program guidelines established by the Commission shall include the following elements:

(A) Capital funds. The Commission shall establish conditions under which utilities secure capital to fund the energy projects. The Commission may allow utilities to raise capital independently, work with third-party lenders to secure the capital for participants, or a combination thereof. Any process the Commission approves must use a market mechanism to identify the least costly sources of capital funds so as to pass on maximum savings to participants. The State of Illinois or the Clean Energy Jobs and Justice Fund may also choose to provide capital for this Program.

(B) Customer protections. Customer protection guidelines should be designed consistent with PAYS Essential Elements and Minimum Program Requirements.

(C) Energy project vendors. The Commission shall establish conditions by which utilities may connect Program participants to energy project vendors. In setting conditions for connection, the Commission may prioritize vendors that have a history of good relations with the State including vendors that have hired participants from State-created job training programs.

(D) Guarantee that conservative estimates of financial savings will immediately and significantly exceed Program costs for Program participants.

(f) Within 120 days after the Commission releases the Program conditions established under this Section, each utility subject to the requirements of this Section shall submit an informational filing to the Commission that describes its plan for implementing the provisions of this Section. If the Commission finds that the submission does not properly comply with the statutory or regulatory requirements of the Program, the Commission may require that the utility make modifications to its filing.

(g) An independent process evaluation shall be conducted after one year of the Program's operation. An independent impact evaluation shall be conducted after 3 years of operation, excluding one-time startup costs and results from the first 12 months of the Program. The Commission shall convene an advisory council of stakeholders, including representation of low-income and environmental justice community members to make recommendations in response to the findings of the independent evaluation.

(h) The Equitable Energy Upgrade Program shall be designed using PAYS system guidelines to be cost-effective for customers. Only projects that are deemed to be cost-effective and can be reasonably expected to ensure customer savings are eligible for funding through the Program, unless, as specified in paragraph (1) of subsection (c), customers able to make upfront copayments to installers buy down the cost of projects so they can be deemed cost-effective.

(i) Eligible customers must be:

(1) property renters with permission of the property owner; or

(2) property owners.

(j) Calculation of project cost-effectiveness shall be based upon PAYS system requirements.

(1) The calculation of cost-effectiveness must be conducted by an objective process approved by the Commission and based on rates in effect at the time of installation.

(2) A project shall be considered cost-effective only if it is estimated to produce significant immediate net savings, not counting copayments voluntarily made by customers. The Commission may establish guidelines by which this required savings is estimated.

(k) The Equitable Energy Upgrade Program should be modeled after the Pay As You Save system, by which Program participants finance energy projects using the savings that the energy project creates with a tariffed on-bill program. Eligible projects shall not create personal debt for the customer, result in a lien in the event of nonpayment, or require customers to pay monthly charges for any upgrade that fails and is not repaired within 21 days. The utility may restart charges once the upgrade is repaired and functioning and extend the term of payments to recover its costs for missed payments and deferred cost recovery, providing the upgrade continues to function.

(l) Any energy project that is defective or damaged due to no fault of the participant must be either replaced or repaired with parts that meet industry standards at the cost of the utility or vendor, as specified by the Commission, and charges shall be suspended until repairs or replacement is completed. The Commission may establish, increase, or replace the requirements imposed in this subsection. The Commission may determine that this responsibility is best handled by participating project vendors in the form of insurance, contractual guarantees, or other mechanisms, and issue rules detailing this requirement. In no case will customers be charged monthly payments for upgrades that are no longer functioning.

(m) In the event of nonpayment, the remaining balance due to pay off the system shall remain with the utility meter at an upgraded location. The Commission shall establish conditions subject to this constraint in the event of nonpayment that are in accordance with the PAYS system.

(n) If the demand by utility customers exceeds the Program capital supply in a given year, utilities shall ensure that 50% of participants are: (1) customers in neighborhoods where a majority of households make 150% or less of area median income; or (2) residents of environmental justice communities.

(o) Utilities shall endeavor to inform customers about the availability of the Program, their potential eligibility for participation in the Program, and whether they are likely to save money on the basis of an estimate conducted using variables consistent with the Program that the utility has at its disposal. The Commission may establish guidelines by which utilities must abide by this directive and alternatives if the Commission deems utilities' efforts as inadequate.

(p) Subject to Commission specifications established in subsection (c), each utility shall work with certified project vendors selected using a request for proposals process to establish the terms and processes under which a utility can install eligible renewable energy generation and energy storage systems using the capital to fit the Equitable Energy Upgrade model. The certified project vendor shall explain and offer the approved upgrades to customers and shall assist customers in applying for financing through the Equitable Energy Upgrade Program. As part of the process, vendors shall also provide participants with information about any other relevant incentives that may be available.

(q) An electric utility shall recover all of the prudently incurred costs of offering a program approved by the Commission under this Section. For investor-owned utilities, shareholder incentives will be proportional to meeting Commission approved thresholds for the number of customers served and the amount of its investments in those locations.

(r) The Illinois Commerce Commission shall adopt all rules necessary for the administration of this Section.

Section 90-20. The Environmental Protection Act is amended by adding Section 9.18 as follows:

(415 ILCS 5/9.18 new)

Sec. 9.18. Energy community reinvestment fee.

(a) As used in this Section:

"Carbon dioxide equivalent" means a unit of measure denoting the amount of emissions from a greenhouse gas, expressed as the amount of carbon dioxide by weight that produces the same global warming impact.

"Fossil fuel generating plant" means an electric generating unit or a co-generating unit that produces electricity using fossil fuels.

"Payment period" means the three-month period of time during which emissions are measured for the purpose of quarterly fee calculation.

(b) The General Assembly finds and declares that:

(1) the negative effects of fossil fuel-powered electric generating units on human health, environmental quality, and the climate of our planet require Illinois to swiftly retire all such plants and shift to 100% renewable energy;

(2) communities located near fossil fuel-powered electric generating units have experienced these health and environmental impacts most acutely;

(3) communities located near fossil fuel-powered electric generating units will also experience economic challenges as these plants retire;

(4) the assessment of a fee on the emissions of fossil fuel generating plants will lower the exposure of surrounding communities to harmful air pollutants by providing incentive for fossil fuel generating plants to reduce emissions;

(5) it is in the public interest that communities located near fossil fuel-fired electric generating plants should receive support in the form of economic reinvestment, as recompense for the negative impacts of the operation of fossil fuel-fired electric generating plants, to invest in clean energy developments that reduce the cumulative impacts of air pollution thus protecting the public health, and as a means for creating new economic growth and opportunity which is needed when the plants retire; and

(6) this support should be paid for by the owners and operators of fossil fuel-fired electric generating plants, the operation of which caused harm to the surrounding communities.

(c) Calculation of the Energy Community Reinvestment Fee. The Agency shall establish procedures for the collection of energy community reinvestment fees. Energy community reinvestment fees shall be paid at least quarterly (once every 3 months) by owners of all fossil fuel generating plants in Illinois, based on the share of each plant's contribution to the total amount of air pollution emitted by all fossil fuel generating plants in that payment period, as determined by the Agency and described in this subsection (c).

(1) Pollution Calculation. The energy community reinvestment fee shall be calculated to reflect the pollution burden from fossil fuel generating plants, based on the total emissions of greenhouse gases. The fee shall be calculated based solely on emissions of carbon dioxide, methane, and nitrous oxide measured in carbon dioxide equivalent tons. The exclusive use of carbon dioxide, methane, and nitrous oxide in the calculation of the fee is designed to reflect the overall pollution impact from each fossil fuel generating plant by using these pollutants as a proximate measurement of overall emissions.

(2) Fee Calculation. The Agency shall calculate the fee owed by each fossil fuel generating plant owner for each payment period by dividing (A) the total emissions of carbon dioxide equivalents in tons by each plant as described under paragraph (1) of this subsection (c) by (B) the total emissions of carbon dioxide equivalents in tons of all fossil fuel generating plants subject to the energy community reinvestment fee, and multiplying that figure by (C) the portion of the annual revenue requirements, established in subsection (d) of Section 20-5 of the Energy Community Reinvestment Fund Act, for that payment period.

(3) Right to Fee Reduction. The owner of each plant liable to pay the energy community reinvestment fee shall have the right to reduce its liability based on electricity production as described in this paragraph (3). If requested, the total amount owed each payment period for any plant shall be no greater than the total amount of kilowatt hours of electricity produced by the plant during the payment period multiplied by one cent per kilowatt hour, adjusted for inflation from the year this Act takes effect. Upon request by a plant owner the Agency shall adjust the total amount owed for each payment period by the amount necessary to reflect a maximum cost calculated based on electricity production.

(4) Notification by the Agency. The first payment period shall begin June 1, 2021. No later than September 1, 2021, and every 3 months thereafter on the first of the month, the Agency shall notify each fossil fuel generating plant owner of the fee calculated pursuant to paragraph (2) of this subsection (c) for the quarterly period just concluded.

(5) Fee Collection. Plant owners shall remit payment of their fee to the Agency within 30 days after the close of each payment period, as established by the Agency. Funds collected from the energy community reinvestment fee shall be deposited into the Energy Community Reinvestment Fund.

(d) If a plant owner subject to a fee under this Section fails to pay the fee within 90 days after its due date, or makes the fee payment from an account with insufficient funds to cover the amount of the fee payment, the Agency shall notify the plant owner of the failure to pay the fee. If the plant owner fails to pay the fee within 60 days after such notification, the Agency may, by written notice, immediately revoke the air pollution operating permit. Failure of the Agency to notify the plant owner of failure to pay a fee due under this Section, or the payment of the fee from an account with insufficient funds to cover the amount of the fee payment, does not excuse or alter the duty of the plant owner to comply with the provisions of this Section.

(e) No later than November 30 of each year, the Agency shall submit a report to the Department of Commerce and Economic Opportunity describing the amount of fees collected from each fossil fuel-powered electric generating unit, the status of any delinquencies, and the total amount expected to be collected.

(f) Nothing in this Section shall be interpreted to mean that the sum owed by each fossil fuel generating plant due to the energy community reinvestment fee is equal to or greater than the financial valuation of the total harm created by air pollution from each plant.

(g) Enforcement.

(1) Any person may file with the Board a complaint, following the procedures contained in subsection (d) of Section 31 of this Act, against any person, the State of Illinois, or any government official for failure to perform any act or nondiscretionary duty under this Section or for allegedly violating this Section, any rule or regulation adopted under this Section, any permit or term or condition of a permit related to this Section, or any Board order issued pursuant to this Section. Any person shall have standing in an action under this Section before the Board. Any person may intervene as a party as a matter of right in any legal action concerning this Section, whichever the forum, if he or she is or may be adversely affected by any failure to perform any act or nondiscretionary duty under this Section or any alleged violation of this Section, any rule or regulation adopted under this Section, any permit or term or condition of a permit, or any Board order, by any person, the State of Illinois, or any government official. Any person with standing to commence an action pursuant to subsection (e) of Section 9.10 shall have standing to pursue enforcement under this Section.

(2) In an action brought pursuant to this Section, any person may request, and the Board or court may grant, injunctive relief, damages (including reasonable attorney and expert witness fees), and any other remedy available pursuant to Sections 33 or 42 of this Act. The Board or court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Illinois Code of Civil Procedure.

(3) No existing civil or criminal remedy shall be excluded or impaired by this Section.

Section 99. Effective date. This Act takes effect upon becoming law.